New York City Mayor Eric Adams has signed into law a bill (Intro. 209-A), which will prohibit discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations. The legislation will become effective 180 days from signing, on November 22, 2023.
As we previously reported, the new legislation will amend the New York City Human Rights Law to include height and weight as protected categories and New York City employers would be prohibited from discriminating against applicants and employees on the basis of their actual or perceived height or weight in all employment decisions, as well as for employment, housing and public accommodations.
The law will also create an exemption for employers needing to consider height or weight in employment decisions only where required by federal, state, or local laws or regulations or where the Commission on Human Rights permits such considerations because height or weight may prevent a person from performing essential requirements of a job and no alternative is available or this criteria is reasonably necessary for the normal operation of the business.
This bill would similarly permit consideration of height or weight by operators or providers of public accommodations. Covered entities under this law would have an affirmative defense that their actions based on a person’s height or weight were reasonably necessary for normal operations.
New York City employers must review and update their employee handbooks and policies to include these new protected categories and make clear that discrimination based on height or weight is prohibited, by November 22, 2023. Please contact Ali Law Group for assistance or questions to ensure compliance with the new law.
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