NYC-Proposed Legislation to Prohibit Discrimination Based on Weight, Height

Legislation pending before the New York City Council, Int 0209-2022, would “amend the administrative code of the city of New York, in relation to prohibiting discrimination on the basis of a person’s height or weight in opportunities of employment, housing, and access to public accommodations.”

The legislation is summarized as follows:

This bill would prohibit discrimination on the basis of a person’s actual or perceived height or weight in relation to opportunities of employment, housing, and access to public accommodations. This bill would also create an exemption for employers needing to consider height or weight in employment decisions only where height or weight is a bona fide occupational qualification reasonably necessary to the normal operation of the business and would also exempt operators or providers of public accommodations only where height or weight requirements would qualify as bona fide considerations of public health and safety.

The latest activity on the bill was a hearing on February 28, 2023. It is possible that the bill will be voted on in the next few weeks.

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