Discrimination at work because of your weight or height can be deeply harmful, affecting your career, self-worth, and economic security. Effective November 22, 2023, the New York City Human Rights Law (NYCHRL) was amended to make weight and height protected characteristics, ensuring that employees and job applicants cannot be treated unfavorably because of their actual or perceived body size or stature. These protections apply to most employers in the city with four or more employees.

New York City now explicitly prohibits discrimination based on weight or height in all aspects of employment, including hiring, promotion, compensation, job assignments, benefits, training, and termination. The law applies to both overt and subtle forms of bias and reflects the city’s commitment to recognizing diversity in body sizes, shapes, and heights as part of equal employment opportunity.

Under this legal framework, employers are prohibited from treating employees or job applicants unfavorably due to their weight or height. Examples of such discrimination may include but are not limited to denying promotions, withholding training opportunities, terminating employment, or creating a hostile work environment because of an individual’s weight or height.

For example, suppose you are applying for a position in a retail store, and despite having relevant experience and excellent recommendations, you are denied the role because the manager believes your height does not align with their brand image. In this case, you might have grounds for a claim under NYCHRL.

In another example, imagine you have been working in a corporate setting for several years, receiving accolades for your work, but are repeatedly passed over for a promotion because of your weight, which management perceives as a mark against your “leadership image.” Such a case would clearly violate your rights under the city’s laws.

The law also extends to situations where employers categorize jobs based on physical characteristics such as weight or height, limiting certain positions to individuals of a particular size or stature. An instance of this would be a company that only allows individuals over a certain height to apply for roles that involve public interaction. Such a policy could be a violation of the NYCHRL.

The law provides limited exceptions where weight or height is a bona fide occupational qualification (BFOQ) that is reasonably necessary to the normal operation of the business. These exceptions are rare and must meet a high legal standard. Employers must show that the requirement is essential to job performance and cannot be met with a reasonable accommodation. Examples may include certain public safety or transportation positions with legitimate, evidence-based physical requirements.

Although this amendment is a major step forward, navigating these protections can be complex. The attorneys at Risman & Risman, P.C. have in-depth knowledge of the NYCHRL, including the 2023 amendment, and are dedicated to advocating for employees who have faced weight or height discrimination. We can help you understand your rights, gather evidence, and pursue a legal claim if you have been treated unfairly.