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Sunday, September 13, 2026

New York City Enacts Legislation Prohibiting Discrimination Based ... - Jackson Lewis

New York City Mayor Eric Adams has signed legislation amending the New York City Human Rights Law to prohibit discrimination based on a person’s height or weight in employment, housing, and public accommodations. The new law will become effective on November 22, 2023.

As stated by Mayor Adams:

No one should ever be discriminated against based on their height and weight. We all deserve the same access to employment, housing, and public accommodations, regardless of our appearance. It shouldn’t matter how tall you are or how much you weigh when you’re looking for a job, are out on the town, or trying to rent an apartment. This law will help level the playing field for all New Yorkers, create more inclusive workplaces and living environments, and protect against discrimination.

The legislation does not prevent employers from offering incentives in connection with voluntary wellness programs.

Prohibitions

Once effective, a New York City employer generally may not deny an employment opportunity or take an adverse action based on the actual or perceived height or weight of an applicant or employee. As a best practice, New York City employers should ensure that employees are not subject to workplace harassment based on height or weight.

Likewise, any job advertisements or similar documents that directly or indirectly set limitations based on height or weight are prohibited.

Exemption; Affirmative Defense

The new enactment contains certain exemptions:

  • Employers need to consider...


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