New York City has passed legislation amending the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination on the basis of height and weight.  The law will become effective November 22, 2023.

The new law amends the NYCHRL to include height and weight as protected categories and New York City employers will be prohibited from discriminating against applicants and employees on the basis of their actual or perceived height or weight in all employment decisions. 

The legislation provides the following exceptions:

• Where preferential treatment on the basis of height or weight is required by federal, state, or local law or regulation;
• Where an individual’s height or weight could prevent them from performing the essential functions of the job with or without an accommodation; or
• Where a certain height or weight is reasonably necessary for the normal operation of the business.

New York City employers should revise their handbooks by November 22, 2023, to include these new protected categories and should also review their policies to ensure compliance with the new law.  If you have any questions regarding the new legislation, please contact Ali Law Group.

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