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NYC Bans Employment Discrimination on the Basis of Height and Weight

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Hey Compliance Warriors!

 

Last week, the New York City Council voted to pass Int. No. 209-2022-A.

This new NYC law prohibits discrimination on the basis of a person’s height or weight in employment, housing, and public accommodations.

This bill also creates 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 criterion is reasonably necessary for the normal operation of the business.

This bill similarly permits consideration of height or weight by operators or providers of public accommodations. Covered entities under this law will have an affirmative defense that their actions based on a person’s height or weight were reasonably necessary for normal operations.

 

Here is a list of other cities and states in the U.S. that have a similar law or have been pursuing a similar law.

  • San Francisco, California
  • Santa Cruz, California
  • Washington D.C.
  • Michigan
  • Massachusetts
  • Washington State

 

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