On May 26, 2023, Mayor Eric Adams signed a bill into law amending New York City's anti-discrimination statute to include height and weight among the list of protected classes. Accordingly, employers will now have to consider whether their job requirements, descriptions for employment, and hiring/termination practices, among other considerations, run the risk of discrimination based on an employee's height and/or weight. The law is slated to impact New York City employers, but extends well beyond existing employees and implicates individuals in a broad range of roles (i.e. applicants, future employees, and independent contractors). The full text of the law can be found here.
The new law is effective 180 days following passage, making the effective date November 22 of this year. Importantly, the new law is not limited to employment. It also covers housing and public accommodation, and is among a considerable, growing trend throughout the United States to provide protections for physical characteristics and appearance. For instance, discrimination based on certain physical attributes such as weight and height are also prohibited in San Francisco, Washington D.C. and Madison, Wisconsin. New Jersey and Massachusetts have also introduced legislation prohibiting discrimination based on height and weight. New York State has followed suit and proposed a similar bill.
Notably, lawmakers have provided several exceptions to the law. For example, the law does not prohibit...
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