Legislative lowdown: NYC height and weight discrimination ban takes effect

Provisions of New York City’s Human Rights Law banning discrimination based on height and weight took effect on November 26. The city council first voted in favor of the legislation in May.

Advocates consider such protections vital to addressing workplace discrimination, HR Brew previously reported. Studies have shown that overweight women are subject to negative bias in the workplace, and tend to earn less money compared to “normal weight” peers.

Similar legislation is already in place in jurisdictions including San Francisco, Washington, DC, and the state of Michigan.

How to comply with the NYC height and weight discrimination ban. Under the new provisions, “employers, employment agencies, labor organizations, and their agents must treat individuals that seek employment or are employed similarly, regardless of height or weight,” according to the city’s human rights commission.

This means, for example, that employers cannot reject applicants based on their height, weight, or body size. While employers may set a hiring criterion that candidates are required to lift 30 lbs., they must assess those candidates on their actual ability to fulfill that requirement, and not speculate on the basis of their size.

There are some exceptions, the commission noted. Employers may set criteria related to body size if “required by federal, state, or local law or regulation.” Additionally, employers may consider these factors if “a person’s height or weight prevents them from performing core job functions and no alternative action would allow the individual to perform the job,” or “height or weight criteria are reasonably necessary for the execution of the normal operations of the employer,” the commission said.

Before setting criteria based on size and weight, employers should consider accommodations (also known as “alternative actions”), such as offering seating for various body types, or adjusting uniform requirements.

Takeaways for HR. New York City employers should ensure height and weight are addressed in their equal opportunity and harassment policies in light of these new regulations, attorneys with law firm Seyfarth wrote in a blog post. They should also review hiring materials and training programs for compliance.

“The amendment’s broader implications suggest a shift towards more inclusive employment practices, underscoring the importance of evaluating all applicants and workers based on their skills and performance rather than physical appearance,” they wrote.