June 20, 2023
New York City recently enacted a new protection against discrimination based on height and weight, while the New York State Department of Labor issued guidance on the New York Labor Law’s accommodation protections for employees who need to express breast milk, including significant new notice requirements for employers.
New York City Mayor Eric Adams signed legislation on May 26, 2023 prohibiting discrimination in employment, housing, and public accommodations on the basis of a person’s actual or perceived height or weight under the New York City Human Rights Law (NYCHRL), subject to certain exemptions and defenses, effective November 22, 2023.
The new law’s addition of actual or perceived height and weight to the NYCHRL’s list of protected characteristics means a New York City employer generally will not be able to discriminate based on a person’s height or weight. The NYCHRL, similar to other anti-discrimination laws, prohibits employers from (1) falsely representing a position is not available, (2) refusing to hire, (3) discharging, or (4) discriminating in compensation or other terms, conditions, or privileges of employment on the basis of a protected characteristic.
Further, the NYCHRL prohibits harassment because of protected characteristics and prohibits employers from using job advertisements or any form of employment application to select applicants based on, or inquire into, a...
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