Effective as of November 26, 2023, the New York City’s Human Rights Law (the “NYCHRL”) has been amended to prohibit discrimination based on height and weight. The amendment prohibits employers, housing providers, and places of public accommodation in New York City from discriminating against an individual based on their actual or perceived height or weight. Employers, specifically, are prohibited from denying individuals employment opportunities or taking adverse actions based on these new protected categories. Additionally, job advertisements setting limitations on an applicant's height or weight are also prohibited under the newly amended NYCHRL.

 The law allows for exemptions where action based on an individual’s height or weight is necessary and it does not apply when consideration of height or weight is: required by federal, state, or local law or regulation, or permitted by regulation adopted by the commission identifying particular jobs or categories of jobs for which a person’s height or weight could prevent performing the essential requisites of the job, and the New York City Commission on Human Rights has not found alternative action that covered entities could reasonably take to allow persons who do not meet the height or weight criteria to perform the essential requisites of the job or category of jobs, or (3) permitted by regulation adopted by the New York City Commission on Human Rights identifying particular jobs or categories of jobs for which consideration of height or weight criteria is reasonably necessary for the execution of the normal operations of such covered entity.

 If none of these exemptions apply, an employer may avoid liability by asserting an affirmative defense that an individual’s height or weight prevents them from performing the essential functions of their job and that there is no alternative action the employer could reasonably or take, or that the decision based on height or weight criteria is reasonably necessary for the execution of the normal operations of the employer.

 In light of this change to the NYCHRL, New York City employers should revisit and update their employment policies as necessary. Employers should also review their hiring materials and training programs to ensure compliance with the NYCHRL. If you require assistance in doing so or have any questions, please do not hesitate to contact our office.

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