On May 26, 2023, New York City Mayor Eric Adams signed Intro. 209-A, a bill which will prohibit discrimination based upon a person's height or weight in employment--effective November 22, 2023. (The Bill also bans height and weight discrimination in public accommodations and housing).
Importantly, this law only applies to New York City employers and will apply in addition to New York law, which also protects certain classes such as age, color, disability, gender, gender identity, and race.
The law also creates limited exemptions for employers who need to consider height or weight in employment decisions. Exemptions include:
- If an employer needs to consider an employee's height or weight where required by federal, state, or local laws or regulations.
- Where the Commission on Human Rights permits height and weight considerations because (i) height or weight may prevent a person from performing essential requirements of a job and no alternative is available or (ii) certain height or weight criteria is reasonably necessary for the normal operation of the business.
Employers would also have an affirmative defense to potential claims brought against them on the basis that a person's height or weight were reasonably necessary for normal operations.
Tip for NYC Employers: Update Employee Handbooks, Anti-Discrimination, Anti-Harassment, and all other employer-related policies to ensure it complies with the new law.
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