Dive Brief:
- A New York City law adding height and weight to the city’s list of protected workplace categories took effect last week, giving new grounds to employees to file a complaint if they think an employer has discriminated against them.
- “This might be more of a surprise than other protected categories,” Amory McAndrew, a partner at Hoguet Newman Regal & Kenney, told Legal Dive. “These categories are not yet in federal law and they’re not in a lot of jurisdictions yet, so it’s really just a matter of communicating this to employers.”
- Although much of the focus is likely to be in an employment context, the protection also applies to treatment of people in public accommodations and housing.
Dive Insight:
There’s no requirement for companies to update their policies, manuals and training to ensure they’re in compliance, but doing so is a good strategy for employers to show they take the effort against bias seriously, said McAndrew. That can help boost their defense in the event a complaint is filed against them.
“You want to be able to point to your manual or other material to show you’ve given your employees a policy that clearly states you don’t make employment decisions based on height and weight,” she said.
Under New York City law, employees and job candidates already have a private right of action to file a complaint about possible discrimination, either in court or with the city’s human rights commission, which could file a complaint on the person’s...
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