New York City enacted an amendment to New York City’s Human Rights Law (NYCHRL) that prohibits discrimination based on a person’s height and weight. This Amendment aligns the city with a growing number of other jurisdictions, including Michigan and the cities of Binghamton, N.Y., Madison, Wisc., and San Francisco, that have focused on combating discrimination based upon a person’s height and weight.
The intent of the New York City law prohibits employers from discrimination based on an individual’s actual or perceived height or weight. Employers are prohibited from denying employment opportunities or taking adverse action based on these newly protected categories. Also, job advertisements or other related documents setting limitations based on an individual’s height or weight are prohibited, unless there is an explicit exemption.
It should be noted that the amendment’s broader implications suggest a shift toward more inclusive employment practices, thereby underscoring the importance of evaluating all applicants and workers based on their skills and performance, rather than their weight or physical appearance.
Employers should remove any height and weight references in their hiring practices unless they are necessary for the normal operation of the business. Additionally, employers should ensure that their handbooks, training material and other policies do not inadvertently violate the new state law.
The Amendment has a lot of potential ramifications for employers that do not comply with the new law. As expected, states and other cities may be enacting similar legislation that employers must be aware of.
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