New York City Bans Appearance-Based Discrimination

3 Key Takeaways

  1. 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).

  2. 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.

  3. 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.

Weight Discrimination: The Issue of the Future?


Weight Discrimination AttorneysWhat do you think of when you think “employment discrimination?” The major civil rights victories of the 1960s are characteristically thought of as racial battles. The Civil Rights Act of 1964 was seen largely as a victory for Americans of color. The Act was preceded in 1963 by the Equal Pay Act, which sought to guarantee equal pay for women. Both laws include broad, sweeping reform in terms of race, gender, nationality and religion.
In the 2010s, it appears as if new civil rights issues are finally culminating in American culture, especially the legal system. This coming election will be key to the future of gay rights, the most talked about social issue of the day.
One other civil rights issue is emerging, however, that was rarely spoken of in the 1960s: obesity. With claims of discrimination based on weight and size on the rise, what’s the future of civil rights for overweight Americans?

Is it Legal to Discriminate Based on Weight?

Currently, there are no laws on the books which protect the obese from discrimination. However, it is becoming common to use the Civil Rights Act of 1991 as a platform for obesity rights. The law opens the possibility for obesity-related discrimination cases along several metrics. For instance, if an individual was discriminated against, and his/her obesity is disease-related, then illegal discrimination may have taken place. Obesity discrimination may or may not be race related in some cases, as obesity rates are statistically higher among Latinos and African Americans.

Did Title VII Leave Obese Individuals Out?

There’s no question that obesity is on the rise in the United States. There’s very little question that popular culture in the U.S. glorifies the skinny, the healthy, and the glamorous. It is profoundly ironic to see advertisements for popular fast food restaurants like McDonald’s and Carl’s Jr. featuring supermodels with hamburgers—and it is profoundly illustrative of America’s double standard in terms of exploitation of–and discrimination against–the obese.

The Exception to the Rule

One state in the Union protects against obesity-related discrimination: Michigan. Conversely, the state also passed a law protecting fast food restaurants from being sued over obesity. Other states are known to have considered enacting laws protecting the obese.
If you feel you have been discriminated against because of your weight, especially in the realm of employment, you should consider your legal options. Call the law offices of Valli Kane & Vagnini today for a free consultation.