3 Key Takeaways
- New York City now prohibits discrimination based on height and weight in employment, housing, and public accommodations under the New York City Human Rights Law (NYCHRL).
- The law applies to employers with four or more employees and took effect November 26, 2023 — meaning if you have faced this type of discrimination, you may have legal options.
- Certain limited exemptions exist, but stereotypes or generalizations about body size are not a valid defense under the law.
Your appearance shouldn’t determine your opportunities
New York City just took a meaningful step forward for workers’ rights. If you’ve ever felt like you were passed over for a job, denied housing, or treated differently in a public space because of your height or weight, you should know that this is now illegal in NYC. Here’s what the new law means, who it protects, and what you can do if you believe your rights have been violated.
What the law actually says
On May 26, 2023, Mayor Eric Adams signed legislation amending the New York City Human Rights Law to add height and weight as protected characteristics. The law took effect on November 26, 2023, and makes it illegal for covered entities to discriminate against someone based on their actual or perceived body size. That protection covers three key areas:
Employment: Hiring, firing, promotions, pay, and conditions of work
Housing: Rental applications, lease terms, and access to housing
Public accommodations: Hospitals, gyms, restaurants, theaters, and similar spaces
The law covers employers with four or more employees (or one or more domestic workers), housing providers, and public accommodations. In other words, most workplaces and public-facing businesses in New York City are covered.
Are there any exceptions?
Yes, but they’re narrow. An employer can only factor in height or weight when:
Federal, state, or local law specifically requires it for the job
The NYC Commission on Human Rights has issued a regulation permitting it for that particular role
Height or weight is genuinely essential to performing the core functions of the job and no reasonable alternative exists
Importantly, vague concerns about health, appearance, or company image are not valid defenses. The law is clear that stereotypes and speculative health assumptions about body size do not justify discrimination.
NYC joins a growing movement
New York City is part of a broader national trend toward protecting people from size-based discrimination. Michigan has banned height and weight discrimination statewide for decades, and cities including Binghamton (NY), Madison (WI), San Francisco (CA), and Washington, D.C. have similar protections. Several states — including New York State, New Jersey, Massachusetts, and Vermont — are actively considering statewide legislation as well.
As Mayor Adams put it when signing the bill: it shouldn’t matter how tall you are or how much you weigh when you’re applying for a job, looking for a place to live, or simply going out in your own city.
What this means if you think you’ve been discriminated against
If you believe you were passed over for a job, fired, denied housing, or treated unfairly in a public space because of your height or weight, you have the right to file a complaint with the NYC Commission on Human Rights. You can also pursue a private lawsuit with the help of an employment attorney.
Here are some examples of what could constitute a violation:
A job posting that specifies a weight or height requirement unrelated to the duties of the role
Being denied a promotion or terminated because of how you look
A landlord refusing to rent to you based on your body size
Being denied entry to or treated differently at a gym, restaurant, or hospital based on your appearance
Know your rights — we’re here to help
Discrimination based on how you look is demeaning and, in New York City, it’s now against the law. Understanding your rights is the first step. If you think you’ve experienced appearance-based discrimination at work, in housing, or in a public space, reach out to our team at VKV. We’re here to listen, help you understand your options, and stand up for you if your rights have been violated.
