Update Applicable to:

All employers who employ at least one worker who performs work in the city of New York

What happened?

On May 11, 2023, the New York City Council passed a local law to prohibit discrimination based on a person’s weight or height in employment, housing and public accommodations. The law is awaiting the signature of Mayor Eric Adams (D). This is an amendment to the existing Section 8-101 of the administrative code of the city of New York.

What are the details?

The new bill would add “height and weight” to the list of categories protected by Title 8 of the New York City Administrative Code, specifically to prohibit discrimination in connection with employment because of a person’s actual or perceived height or weight.

The bill would create an exemption for employers when height or weight is a “bona fide occupational qualification” reasonably necessary to the normal operation of the business.

This bill mirrors efforts in the New York state Legislature to prohibit height and weight discrimination, in bills sponsored in the New York State Assembly (A7170) and New York state Senate (S2440). The city of Binghamton, New York has prohibited such discrimination since 2008.

For more information, visit the following:

Intro 209-A

Law Firm Articles: Link 1, Link 2, Link 3

What do employers need to do?

Employers should review the above and keep an eye on the when mayor signs the bill. The bill would take effect 180 days after it becomes law.

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