New York City Prohibits Employment Discrimination Based on Height and Weight
By Joel Riley
New York City passed Int. No. 209-A, prohibiting employment discrimination based on height and weight, with exceptions for certain safety-related positions. Effective November 22, 2023.
What Changed
New York City passed Int. No. 209-A, an ordinance that amends the New York City Human Rights Law to add height and weight as protected characteristics. Mayor Eric Adams signed the ordinance on May 26, 2023, and it takes effect November 22, 2023.
The ordinance prohibits discrimination based on a person's actual or perceived height and weight in:
Employment (hiring, firing, promotion, terms and conditions)
Housing
Public accommodations
There are exceptions for situations where height or weight requirements are necessary for the performance of essential job functions or are required by federal, state, or local law.
Who Is Affected
New York City employers with four or more employees (consistent with the NYC Human Rights Law threshold). The law applies to employment decisions based on actual or perceived height and weight.
Exemptions may apply where:
A height or weight requirement is related to a bona fide occupational qualification
The requirement is mandated by law (e.g., certain safety regulations)
The employer can demonstrate the requirement is necessary for the essential functions of the job
Where It Applies
New York City only. This is a local ordinance that applies within the five boroughs.
When It Takes Effect
November 22, 2023.
Why It Matters
New York City becomes one of only a handful of jurisdictions in the United States to prohibit height and weight discrimination in employment. Employers should review job requirements, physical fitness standards, and any appearance-based policies to ensure they do not discriminate based on height or weight without a legitimate job-related justification.
The NYC Commission on Human Rights has enforcement authority, and violations can result in civil penalties, compensatory damages, and attorney's fees.
The Humareso Take
This is a genuinely novel protection that goes beyond what most employers are accustomed to managing. If you have physical requirements for any NYC positions — height minimums, weight limits, fitness standards — you need to ensure they are tied to bona fide job functions and documented accordingly. The practical impact will vary by industry, but every NYC employer should at minimum review their job descriptions and policies for any references to height or weight that are not strictly job-related.
Recommended Action Steps
Review job descriptions and requirements for any NYC positions that include height or weight criteria, and ensure they are tied to essential job functions.
Update your EEO policy for NYC operations to include height and weight as protected characteristics.
Review appearance and grooming policies for any provisions that could be interpreted as height or weight discrimination.
Train hiring managers to avoid making employment decisions based on a candidate's height or weight unless a legitimate exemption applies.
Contact your Humareso representative for guidance on updating your NYC compliance policies.
✅ Recommended Action Steps
Originally posted by Joel Riley on 2023-07-06T16:35:45.833Z in Humareso Team > Compliance channel.