On November 22, 2023, the New York City law prohibiting employment discrimination based on a person's height or weight went into effect.
The law amends the NYC Human Rights Law ("NYCHRL") to include height and weight as classes or characteristics protected against employment discrimination. Prior to the amendment, the NYCHRL protected the following classes: "actual or perceived age, race, creed, color, national origin, gender, disability, marital status, partnership status, caregiver status, sexual and reproductive health decisions, sexual orientation, uniformed service...or immigration or citizenship status."
Some examples of unlawful discrimination on the basis of height or weight may include: falsely representing that a job is unavailable; firing or refusing to hire a person; providing different compensation or employment terms; and subjecting a person to insulting or demeaning language relating to height or weight.
Some limited exceptions apply to the ban on height and weight discrimination. Specifically, employers may consider height or weight when:
1) Required by federal, state, or local law or regulation;
2) Permitted by regulation adopted by the NYC Commission on Human Rights ("Commission") for certain jobs where a person's height or weight could prevent the person from performing the "essential requisites of the job" and no reasonable alternative could enable the person to perform such requisites; or
3) Permitted by regulation adopted by the Commission for certain jobs where consideration of height or weight is reasonably necessary for the employer's normal operations.
Further, if one of the above exceptions does not apply, an employer has an affirmative defense to a claim for height or weight discrimination where: 1) a person's height or weight prevents the performance of the "essential requisites of the job" and no reasonable alternative could enable the person to perform such requisites; or 2) an employment decision based on height or weight is reasonably necessary for the employer's normal operations.
Under the law, an employer may offer incentives to support "weight management as part of a voluntary wellness program."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.