New York City has amended its Human Rights Law, Title 8 of the Administrative Code, to prohibit discrimination in employment, housing and public accommodations based on an individual’s height and/or weight. Effective Nov. 22, 2023, the law now includes height and weight in its long list of protected characteristics that cannot be used to discriminate against employees.
Although New York is not the first municipality to protect employees on the basis of height and weight, the implications are far reaching as the city covers over 4 million workers. While the law also applies to discrimination in the context of housing and public accommodations, this article will primarily discuss the law’s implications in the employment context and will offer guidance for employers seeking to ensure compliance and mitigate risk.
