New York City Outlaws Height and Weight Discrimination

New York City has outlawed discrimination based on height and weight in employment, housing, and public accommodations.

Effective on November 22, 2023, the new law amends the New York City Human Rights Law to protect people who experienced height and weight discrimination similar to how the law would protect someone who experienced other kinds of discrimination like race, age, gender, or sexual orientation.

Employers cannot harm your chances of getting a job or its terms (like compensation and paid time off) because of your height or weight. This right also applies to training and apprenticeship programs. Job postings and recruitment messages cannot imply some height or weight limitation or requirement.

However, some laws could allow an employer to discriminate on this basis. If a certain job or category of jobs requires a particular height or weight, for example, then the New York City Human Rights commission could pass a regulation that permits necessary height or weight discrimination in decisions about who to employ in those positions. In these cases, height or weight must be essential to performing a job and there cannot be alternative ways to complete the work.

Your housing provider cannot discriminate based on your height or weight when they sell, rent, or lease you a property. Housing postings cannot imply a preferred height or weight for occupants. Once you occupy a property, your landlord or housing provider cannot threaten your right to it based on your height or weight.

You also have the right to fully access public accommodations without height or weight restrictions. A public accommodation refers to services or places made available to the general public by the government or a private business. Advertisements cannot imply what heights or weights are welcome at a certain public accommodation. Like for employment, there are exceptions to this protection, such as when a public accommodation must adhere to some law that requires discrimination based on height or weight.

Please contact a Levy Ratner attorney if you believe your rights have been violated under the New York City Human Rights Law.