Height, weight and body size discrimination prohibited in NYC

People come in all shapes and sizes. Unfortunately, many people have prejudices or at least preconceived notions about others based on their size. Taller people – particularly men – sometimes are seen as more authoritative simply because of their height. Men and women who weigh more than average for their height often face negative comments and attitudes about their size.

Unfortunately, in most places, weight and height are not protected characteristics like race, gender, nationality and age.

Changes to the NYCHRL took effect last November

As of last November, weight, height and a combination of the two (“body size”) are protected characteristics in New York City – specifically under the New York City Human Rights Law (NYCHRL). The law now protects people from discrimination based these physical characteristics

Any employers located in New York City with at least four employees or at least one domestic worker must abide by the law. It also extends to discrimination in housing and public accommodations (any place open to the public, such as a store or restaurant). Of course, many businesses need to comply with the law both as it applies to applicants and employees as well as customers and others who use their services or obtain housing.

What is prohibited?

When it comes to employment practices, it’s typically illegal to do any of the following based on height, weight or body size:

• Not hire or promote someone
• Harass someone (including using offensive language)
• Create or allow a hostile work environment
• Refuse to “allow or consider alternative actions when required by the NYCHRL”

There are some exceptions when it comes to employment (and public accommodations). However, an employer would have to show that a person’s size would affect their ability to do their job. 

The NYC Commission on Human Rights states, “Stereotypes or speculative health and safety concerns regarding body size stem from entrenched bias and do not constitute permissible justifications for height or weight discrimination.”

Unless an employer specifically says something negative (or allows others to) regarding a person’s size, it can be a challenge to prove that they were discriminated against because of it. If there’s a pattern of treating people who are larger (or smaller) than average negatively, it can be easier to show an organizational culture of discrimination. Whatever the situation, if you believe you’ve faced this discrimination and haven’t been able to resolve it with your employer, it can be wise to determine what kind of recourse you may have.