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Reminder: NYC Prohibition on Height and Weight Discrimination Takes Effect Soon

Effective November 22, 2023, the New York City Human Rights Law (NYCHRL) prohibits discrimination based on a person’s height or weight. Under the new law, employers in New York City (NYC) cannot discriminate against employees or applicants based on their height or weight. This means that employers cannot:

  • Refuse to hire someone because of their height or weight.
  • Fire someone because they have gained or lost weight.
  • Require employees to wear uniforms that are not available in their size.
  • Harass employees or create a hostile work environment based on their height or weight.

Employees in NYC who are discriminated against based on their height or weight have the right to file a complaint with the New York City Commission on Human Rights. Employees may also be able to file a lawsuit in court.

Next Steps

Employers should be aware of the new law and take steps to comply with it by reviewing their hiring, employment, and workplace policies, including their Equal Employment Opportunity and Harassment and Discrimination policies, and training recruiters and managers to ensure that they do not discriminate against employees or applicants based on their height or weight.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.