In this installment of LaborSpeak, we discuss a new law passed by New York City prohibiting height and weight discrimination, adding to a growing campaign to address discrimination based on physical appearance. New York City employers should review their practices and make sure that they include this new protected category in their non-discrimination policies and trainings.
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Transcript
New York City has passed a law prohibiting height and weight discrimination in employment, housing and public accommodations. On Friday, Mayor Adams signed the law and it will take effect on November 22nd, 2023. The law adds height and weight to the New York City Human Rights Law’s growing list of protected categories - which also includes categories such as age, race, religion, sex and disability. Exemptions include where a certain height or weight is required by federal, state or local law; an individual's height or weight could prevent them from performing the essential functions of the job; or where certain height or weight is reasonably necessary for the normal operation of the business.
This new law is part of a growing national campaign to address discrimination based on physical appearance. Michigan, Washington, D.C. and San Francisco have already passed bans on height and weight discrimination, and similar laws are being considered in New York State, New Jersey, Vermont and Massachusetts. New York City employers should review their policies and make sure that they include this new protected category in their non-discrimination policies and trainings. Employers should also confirm their hiring practices remove references to height and weight, unless the requirements are necessary for the operation of the business or essential functions of the job being performed.
Employers with height or weight requirements should make sure to document these policies and ensure their requirements fall under one of the law's exemptions. Feel free to contact our team if you have questions about complying with this law or if you have any other labor and employment-related questions.