04-05-2023
The New York City Council is considering passing a new law “prohibiting discrimination on the basis of a person’s height or weight in opportunities of employment, housing, and access to public accommodations.” The bill includes an exemption for employers where height or weight is a “bona fide occupational qualification reasonably necessary to the normal operation of the business.”
According to press reports, the bill has 33 co-sponsors, which exceeds the 26 votes needed to pass it into law. New York City Mayor Eric Adams has reportedly indicated his support of the bill. Size-based protections already exist in Michigan and Washington. Michigan passed a law expressly adding weight as a group protected from discrimination. Washington's highest court has ruled the state's anti-discrimination statute includes obesity within its protections. Massachusetts, Vermont, and New Jersey are considering similar protections.
The American Psychological Association reports that more than 40% of adults say they have experienced some stigma from their weight. The World Obesity Foundation says individuals perceived as obese make less money and receive fewer promotions at work.