New York City has enacted a law (Intro. 209-A) that prohibits employers from discriminating based on an individual’s height or weight. Intro. 209-A takes effect on Nov. 22, 2023.
The details
The New York City Human Rights Law (NYCHRL) prohibits employers with four or more employees in New York City from discriminating against employees, applicants, independent contractors and interns on the basis of certain protected characteristics. These include race, age, gender identity, pregnancy, and immigration status, among many others.
New York City Mayor Eric Adams has signed into law Intro. 209-A, which amends the NYCHRL, adding height and weight as protected characteristics under the law.
Prohibited actions:
Employers cannot, because of the actual or perceived height, or weight of an individual:
- Represent that employment or a position is not available when in fact it is available;
- Refuse to hire or employ an individual, or discharge them from employment; or
- Discriminate in compensation or in terms, conditions or privileges of employment.
The law also prohibits employers from conducting the following actions, if the actions express height or weight discrimination:
- Declaring, printing or circulating a statement, advertisement or publication;
- Using an application for employment; or
- Asking a question in connection to prospective employment.
Exceptions
The law does not prevent employers from offering incentives that support weight management as part of a voluntary wellness program.
Employers may also take certain employment actions based on an individual’s height or weight when:
- Required by a federal, state or local law or regulation; or
- New York City Commission on Human Rights (NYCCHR) regulations identify jobs (or categories of jobs) where an individual’s height or weight:
The law also allows employers to use an affirmative defense to show that an employment decision is not an unlawful practice if they can establish that the consideration of height and/or weight is necessary for the essential functions of a job or business operations and there’s no less discriminatory means to satisfy the occupational qualifications.
Next steps
To help ensure compliance with Intro. 209-A, covered employers should:
- Review and update all applicable:
- Train HR personnel and supervisors on the new requirements under the law.
Please contact your dedicated ADP Service Representative with any questions.