New York: NYC Bans Height and Weight Discrimination (11/22/23)

On May 26, 2023, New York City Mayor Eric Adams signed into law an amendment to the New York City Human Rights Law (NYCHRL) that bans employment discrimination on the basis of an individual’s height and/or weight. The amendment thus further expands the comprehensive list of characteristics already protected under the NYCHRL. The law will become effective November 22, 2023.
New York City Enacts Legislation Prohibiting Discrimination Based on Height and/or Weight
Sheppard | Sep 2023

Effective date:  11/22/23
Text of the measure.

Law Firm Articles
(Note: Some of these resources were published prior to enactment of the law.)

New York City Mayor Eric Adams has signed legislation amending the New York City Human Rights Law to prohibit discrimination based on a person’s height or weight in employment, housing, and public accommodations. The new law will become effective on November 22, 2023.
New York City Enacts Legislation Prohibiting Discrimination Based on Height, Weight
Jackson Lewis | Jun 2023

On May 26, 2023, Mayor Eric Adams signed into law a bill that expands New York City anti-discrimination laws by adding an individual's height and weight to the list of protected characteristics under the New York City Human Rights Law.
New York City Enacts Law Prohibiting Height and Weight Discrimination
Fox Rothschild | May 2023

The New York City legislation not only prohibits discrimination based on actual height or weight but perceived height and weight as well, which has the potential to create significant additional risk for employers.
New York City Set to Ban Discrimination in Employment Based on Weight and Height
Obermayer | May 2023

Notably, nothing in the law would prevent covered employers from offering incentives that support weight management as part of a voluntary wellness program.
New York City Council Approves Bill to Ban Employment Discrimination Based on Height and Weight
Ogletree | May 2023

This law, however, includes an exemption for employers who have a "bona fide occupational" reason to consider weight or height, and situations in which there is a public health and/or safety concern. For example, some positions like police officers and firefighters have physical requirements such as a timed run, climbing over a six-foot barrier, or dragging a fire hose. In those cases, the carve-out section of the bill could protect the employer against potential discrimination claims.
NYC Employers Take Note – New and Proposed Anti-Discrimination Laws Coming Your Way
Husch | May 2023

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