The Blubber

NYC law banning discrimination based on height and weight goes into effect went into effect last week, per NYP.

Effective November 22, 2023, New York City implemented a law prohibiting discrimination in employment, housing, and public accommodations based on an individual's height and/or weight. Mayor Eric Adams signed the amendment to the New York City Human Rights law on May 26, 2023. The update adds "height" and "weight" to the list of protected characteristics, preventing employers in New York City from denying employment opportunities or taking adverse actions based on the actual or perceived height or weight of employees and job applicants. The law also prohibits job advertisements or similar documents from imposing limitations based on height or weight.

Under specific circumstances, employers may make decisions based on height or weight, such as when required by federal, state, or local law, permitted by NYC Commission on Human Rights regulations identifying applicable jobs, or when reasonably necessary for normal business operations. Employers are not liable for violating the law if their decision is not mandated by other laws, provided they can prove either of two affirmative defenses: the individual cannot perform essential job requirements due to height or weight, and no reasonable alternative is available, or the employer's decision based on height or weight is reasonably necessary for normal business operations.

New York City joins other jurisdictions with laws explicitly prohibiting height and weight discrimination, including Binghamton, New York; Madison, Wisconsin; Urbana, Illinois; Washington, D.C.; San Francisco and Santa Cruz, California, and the state of Michigan. Similar legislation is pending in various states, including New York, New Jersey, Massachusetts, and Vermont. Employers in New York City are advised to update workplace policies, including anti-discrimination and anti-harassment policies, to reflect height and weight as protected characteristics. Additionally, employers should review positions with height and/or weight criteria to understand and justify the business need for such criteria.