Client Alert

NYC Council Passes Legislation Prohibiting Discrimination on the Basis of Height and Weight

On May 11, 2023, the New York City Council passed legislation that expands workers protections to prohibit discrimination on the basis of height and weight. If Mayor Eric Adams signs the legislation (which is expected), it would become effective 180 days after the Mayor’s signature.

The new legislation would 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.

The legislation provides the following exceptions:

• Where preferential treatment on the basis of height or weight is required by federal, state, or local law or regulation;
• Where an individual’s height or weight could prevent them from performing the essential functions of the job with or without an accommodation; or
• Where a certain height or weight is reasonably necessary for the normal operation of the business.

If the legislation is signed into law, New York City employers should revise their handbooks to include these new protected categories and review policies to ensure compliance with the new law.

We will continue to monitor the status of the legislation and will update you regarding same. If you have any questions, please contact Ali Law Group.

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