Taking the Weight Off Your Shoulders

On November 22, 2023, the amendment that added both “height” and “weight” to the list of protected characteristics under the New York City Human Rights Law went into effect. Individuals that live in, work in, or visit New York City are protected from discrimination based on their height or weight or the combination of height and weight, referred to as “body size.”

This program focuses on body size discrimination in employment, where height and weight considerations have been shown to affect an employee’s compensation, training opportunities, performance evaluations, and career advancement. These employees often experience harassment and negative or derogatory comments from supervisors and co-workers with little or no consequences. Now New York City has taken its lead from several other jurisdictions and has made consideration of body size in employment illegal, unless it is mandated by federal, state, or local law or by the requirements of the job itself.

But as progressive as New York City and its Human Rights Law is, it will be no easy feat to shield employees who fall into this new protected class. Stereotypes about body size, particularly weight, persist. Industry surveys reveal that 50% of managers prefer to deal with employees who have a “healthy weight.” And according to another study, implicit bias against race and sexual orientation decreased over a 14-year period, while during the same period unconscious bias against overweight individuals remained the same.

Speakers

Iyana Titus, Moderator, New York City Parks & Recreation

Michael J. Griffin, New York City Commission on Human Rights

Nicholas H. De Baun, Seyfarth Shaw LLP

JoAnn Kamuf Ward, New York City Commission on Human Rights

Amanda M. Ghannam, Schulz Ghannam P.L.L.C.