As previously reported, New York City passed legislation amending the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination on the basis of height and weight.  The law became 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 ensure their handbooks and policies are revised to include these new protected categories to be compliant with the new law.

Should you have any questions or need assistance with submission process, please contact Ali Law Group.