It is now illegal in New York City for employers to discriminate based on height or weight requirements.
That is, an employer may not fire, refuse to hire or otherwise discriminate against an individual based on actual or perceived height or weight. In addition, any job advertisements or similar documents that directly or indirectly set limitations based on height or weight are expressly prohibited.
“Successful assisted living providers have always focused on recruiting and retaining compassionate employees who want to improve the lives of seniors. That has naturally resulted in an incredibly diverse assisted living workforce throughout New York state,” the Empire State Association of Assisted Living told the McKnight’s Business Daily. “As a result, ESAAL does not expect that this new law will require any changes to our members’ current hiring practices.”
The restriction is not absolute, according to Jonathan Wexler, an attorney in Vedder Price’s labor and employment practice area. He noted that employers have an exemption if they can sufficiently prove that height or weight is a “legitimate job qualification” and that the job cannot be modified to accommodate a person that does not meet that qualification.
Wexler advised New York City employers to re-evaluate their policies and procedures to ensure that they are in compliance with the new law.
“They also should ensure that job postings, job applications and job descriptions do not have the appearance or consequence of excluding or discriminating against individuals because of their height or weight,” he said.
According to attorneys at Jackson Lewis, New York City is not the first local government in the country to bar discrimination based on height or weight. Others include Binghamton, NY; Madison, WI; Urbana, IL, Washington, SC; San Francisco; and Santa Cruz, CA.
Further, the entire state of Michigan has a law expressly protecting individuals against height and weight discrimination in the workplace. Other states considering legislation of this type are Massachusetts, New Jersey, New York and Vermont.
“It shouldn’t matter how tall you are or how much you weigh when you’re looking for a job, are out on the town or trying to rent an apartment. This law will help level the playing field for all New Yorkers, create more inclusive workplaces and living environments, and protect against discrimination,” stated Mayor Eric Adams (D) when he signed the bill into law earlier this year. The law became effective Nov. 26.
