New York City Bans Appearance-Based Discrimination

Updated May 30, 2023

New York City Mayor Eric Adams enacted an anti-discrimination law on May 26 banning discrimination based on an individual’s height or weight when it comes to employment, housing or access to public accommodations.  With the new legislation, residents of New York City will be able to bring claims of discrimination related to their physical appearance before the New York City Commission on Human Rights, a local agency responsible for examining cases of discrimination and harassment.

The bill, sponsored by Manhattan Democratic Councilman Shaun Abreu, will be effective on Nov. 22, 2023. Prior to that date, employers must review their official policies to ensure that they do not include discriminatory practices against height and weight The law includes an exemption for positions where a certain height and weight are required to complete the functions of the job, as stated in federal, state or local law, or if permitted by the NYC Commission on Human Rights.

New York State legislators are aiming to pass a similar bill on the state level, which would prohibit weight and height discrimination across the state. Other states, including Massachusetts, Vermont, and New Jersey, are considering similar legislation in their respective states.

Michigan is currently the only state that bans height and weight discrimination, and only three US cities already have an ordinance in place to ban appearance-based discrimination – San Francisco, California; Madison, Wisconsin; and Urbana, Illinois.

Mayor Eric Adams said the passage of this bill is a significant step towards eliminating appearance-based discrimination in New York City.

“It shouldn’t matter how tall you are or how much you weigh when you’re looking for a job, are out on the town, or trying to rent an apartment,” he said. “This law will help level the playing field for all New Yorkers, create more inclusive workplaces and living environments, and protect against discrimination.”

Mediating Employment Discrimination Claims


A court case can be a lengthy process, exhausting those involved emotionally, physically and even spiritually. As you consider your options when it comes to your employment discrimination case, know that court isn’t the only avenue in which to pursue your claim. Thousands of Equal Employment Opportunity cases are handled outside the courts through mediation. You may find this process easier, saving you time, money and energy.
What is Mediation?
Mediation is a process through which a dispute is settled through mutual agreement of both of the parties involved. The parties get together in the presence of a mediator, discuss the case, and through analysis come to an agreement regarding what the outcome of the dispute should be. Mediation through the Equal Employment Opportunity Commission, as in all mediation cases, must be a voluntary process for both parties.
How the EEOC Handles Mediation
The Equal Employment Opportunity Commission selects cases for mediation, and then proceeds with the mediation process through meetings at mutually agreed upon times and places. Many participants in the EEOC mediation process claim a successful outcome. If a mutual agreement is reached, then that agreement is legally binding.
A Simpler, More Straightforward Process
Mediation, put simply, cuts out the headaches and turmoil of litigation. It is often a shorter process, enabling both parties to put the pain of the discrimination claim behind them as soon as possible. In addition, mediation is often more satisfying to both parties. While attorneys should be present during the mediation process, mediation tends to be less of a burden for all involved than litigation.
Other Reasons to Mediate
One key advantage of mediation is privacy. Individuals are not forced to go through the very public nature of a day in court. Embarrassing events and details can be discussed at length, in private, with no fear of public consequences.
You Still Need an Attorney
Whether or not you choose to move forward with the mediation process, you should still have an attorney standing by your side through the process. As mentioned above, mediation is just as legally binding as a court case, and as such should be treated with the same gravity and respect.
For the best employment attorney help available, call the Law Offices of Valli, Kane & Vagnini. You need an expert team of attorneys with decades of experience in employment law to help ensure your mediation or litigation is completed successfully. Call now to discuss how Valli, Kane & Vagnini can help.

employment discrimination case mediation

Employment Overwatch: The EEOC

Employment Overwatch: The EEOC by James Vagnini{Read in 5 minutes} In my previous post, I wrote about the impact an impending Supreme Court decision may have on employee protections — particularly LGBT employees. The issue is whether or not sex discrimination as prohibited by Title VII includes sexual orientation or gender identity protections for employees. While the Equal Employment Opportunity Commission (EEOC) has consistently found that it does, District and Circuit Courts have differed on the matter, and the Supreme Court will rule on the issue in their next term. Continue reading

Are Doctors Entitled to Unpaid Compensation in New York?

Are Doctors Entitled to Unpaid Compensation in New York? by James Vagnini{3 minutes to read}  Currently pending in the New York State Supreme Court for Kings County is a class-action lawsuit styled Okeke v. Interfaith Medical Center, et al. The plaintiff, Theophilus Okeke, is a former emergency room physician at Interfaith Medical Center (the “Hospital”) located in Brooklyn, New York. He alleges that the Hospital promised him and other similarly situated physicians additional compensation of $96.00 per shift for performing medical examinations on the Hospital’s pre-admitted psychiatric patients. However, the Hospital failed to provide them with the promised compensation.Continue reading

Employer Discrimination by Disparate Impact

Employer Discrimination by Disparate Impact by Robert J. Valli
{Read in 3:30 minutes}  In my last article, I discussed a pattern of discrimination in terms of the disparate impact on African Americans. But what does “disparate impact” mean?  In 1971 the Supreme Court adopted the position of the Equal Employment Opportunity Commission (“EEOC”). In Griggs v. Duke Power Co. (1971), the Court invalidated an employer’s requirement that applicants have a high school diploma and/or pass aptitude tests for hire and transfer into more desirable departments where prior to the enactment of Title VII the company had restricted blacks to labor positions. Specifically, the Court stated:

The Act proscribes not only overt discrimination, but also practices that are fair in form but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude [blacks] cannot be shown to be related to job performance, the practice is prohibited . . . Congress directed the thrust of the Act to the consequences of employment practices, not simply the motivation.Continue reading

Workplace Discrimination or Harassment? What Should You Do!!

Workplace Discrimination or Harassment? What Should You Do!! by James Vagnini{Read in 6 minutes}  Recently I posted an article reminding employees that they must file a harassment complaint within 180-300 days after the latest occurrence. While working on that blog, the question came up about what an employee should do if they are the victim of harassment.
Report the Behavior
First and foremost, report the questionable behavior to someone in your Human Resources (HR) department. The company is not expected to have eyes and ears everywhere; internally,  most of them require their employees to report incidents, and the law also requires employees to report incidents themselves.Continue reading

Valli Kane & Vagnini Attorneys Named to 2018 New York Super Lawyers List

We are pleased to announce that Sara Wyn Kane, a partner at Valli Kane & Vagnini LLP has been selected for the 2018 New York Metro Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the State of New York.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of lawyers who have attained a high degree of peer recognition and professional achievement. To ensure a credible and relevant annual list, attorneys are selected from more than 70 practice areas and all firm sizes.
The annual selections are made using a patented multi-phase process that includes:

  • Peer nominations;
  • Independent research by Super Lawyers;
  • Evaluations from a highly credentialed panel of attorneys.

The objective of Super Lawyers is to create a credible, comprehensive, and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel.
The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers. The local publishing schedule is:

  • New York Metro Super Lawyers Magazine – October 2018
  • New York Metro Super Lawyers supplement in The New York Times on Sunday October 21,2018
  • New York Metro Top Women Super Lawyers supplement in The New York Times on Sunday, March 24, 2019.

Please join us in congratulating Sara Wyn Kane on their selection. For more information go to SuperLawyers.com.

Workplace Discrimination? Get that Complaint Filed!

Employees in this country have protections against workplace discrimination and harassment. These include protection from sexual or racial harassment, national origin, religion, age, disability, and gender (including sexual orientation) discrimination. These forms of harassment and discrimination are spelled out under Title VII, and its amendments, which is the statute enacted as a result of the Civil Rights Act of 1964.
Workplace Discrimination? Get that Complaint Filed!
Prior to that time, there had been other federal statutes such as §1981 and §1983 which address primarily race and national origin discrimination as well as retaliation. These sections, however, did not include gender, religion, disability, or age discrimination. As a result of the civil rights movement, the Civil Rights Act was passed, which was designed to specifically address workplace discrimination and expanded protections for employees subjected to these additional types of discrimination.
The Title VII statute empowered what is known as the Equal Employment Opportunity Commission (EEOC) and created that faction of the government whose job it is to survey and take complaints of workplace discrimination. Anyone wanting to bring a complaint and go into Federal court under those claims has to first go through the EEOC administrative process. As a federal statute, it is the same in every state and any employer who has 15 employees or more is subject to the statute.
The EEOC Filing Deadline
Title VII sets a complaint filing deadline of 180 calendar days. However, it also provides that in any state where there is a similar employment discrimination statute, such as New York, the deadline may be expanded to 300 days. With the exception of a few states like New Mexico and Georgia, every state in this country has a state-level statute against workplace discrimination. In those states that do not, the filing period is limited to the 180 days.
A complaint must be initiated when the harm takes place. You can’t have something happen two years earlier and then wait, worrying whether you are going to lose your job. That is certainly a legitimate worry, but if you choose to wait and try to raise that complaint after the 180-300 days have passed, it will be considered untimely because the statute requires you to make that complaint within 180-300 days of the occurrence of discrimination.
However, certain claims trigger the 180-300 day filing requirement after the last occurrence of discrimination where the discrimination takes place over a period of time. This type of discrimination is known as a “continuous violation.” For example, if you are a victim of sexual harassment and you were subjected to repeated, unwanted sexual advances or comments over a period of months, the clock starts running from the last act of harassment, not the first. Most employees do not know this.
If you believe you have a legitimate complaint, it is extremely important that you make use of resources like the EEOC’s website, or contact a lawyer like us to ask for information about what to do, even if you choose not to act on it at that time. Failing to act in many states leaves you high and dry, without any other protection, because either there is no state statute, or in more conservative jurisdictions like Texas, for example, the states only adopt the same 180-day rule as Title VII.
Paying attention to the EEOC deadlines is an important issue because an employee may have a very strong legal claim but if they do not act within a certain period of time, or get the information to act within a certain period of time, their claim may be completely barred leaving you with no avenue for justice.

James A. Vagnini
Partner
email: [email protected]

Supervisor sues Omni hotels, alleging sexual harassment and retaliation when she reported it

A former supervisor with Omni Hotels & Resorts has filed suit against the Dallas-based company, alleging sexual harassment and saying the company broke federal laws governing equal pay.Continue reading