The New York City Council recently enacted a legislation that prohibits discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations.
This bill would prohibit discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations. This bill would also create an exemption for employers needing to consider height or weight in employment decisions only where required by federal, state, or local laws or regulations or where the Commission on Human Rights permits such considerations because height or weight may prevent a person from performing essential requirements of a job and no alternative is available or this criteria is reasonably necessary for the normal operation of the business. This bill would similarly permit consideration of height or weight by operators or providers of public accommodations. Covered entities under this law would have an affirmative defense that their actions based on a person’s height or weight were reasonably necessary for normal operations.
The law awaits the Mayor’s signature.