How New York City’s Anti-Discrimination Law for Height and Weight Could Benefit Diversity and Inclusion (D&I)

On Thursday, the New York City Council voted to pass a historic new law – Int. No. 209-2022-A – which is designed to ban employment discrimination based on a person’s weight or height. The law marks a major step forward in the fight against discrimination and is of special significance given the relatively few cities that have similar legislation. Only a handful of places in the United States outlaw height and weight discrimination – including Urbana, Illinois; Madison, Wisconsin; Binghamton, New York; San Francisco; Santa Cruz, California; and Washington, D.C.

The new law provides a comprehensive framework for addressing and preventing discrimination based on weight or height in the workplace. For example, it exempts employers who have to consider height or weight for essential job functions from the new regulations. While the bill doesn’t restrict employers from offering incentives for weight management as part of a voluntary wellness program, the law prohibits employers from refusing to hire or promote individuals based on their weight or height.

Other Cities’ Laws

While New York City’s law is groundbreaking, it is important to acknowledge that other cities have already outlawed weight discrimination. Some of the cities that have done so are Urbana, Illinois; Madison, Wisconsin; Binghamton, New York; San Francisco; Santa Cruz, California; and Washington, D.C. However, New York City’s law stands out as it is significantly more comprehensive than the laws in its counterparts elsewhere.

Increased Attention to Size Discrimination

As companies come to understand the negative impact that size discrimination has on their employees, there is increasing attention being paid to the problem. Studies have revealed how common it is for employees to report negative effects as a result of weight discrimination, in particular. Nearly 3 in 4 workers who said they had experienced such discrimination reported feeling that it made them want to resign—a reflection of the significant and far-reaching consequences of this type of discrimination.

Next steps in D&I work

Size discrimination is a complex issue, and it could well be the next frontier in the effort to eradicate workplace discrimination. It is a subject that is gaining traction in the drive for diversity and inclusion (D&I) in workplaces globally. D&I practices aim to create more diverse and inclusive spaces within which employees can operate, free of any form of discrimination, including weight discrimination.

Potential Impact of New York City Law

New York City’s decision to pass this law was significant not just because it was a bold move, but also because it is likely to encourage other US states to adopt similar laws. Massachusetts and New Jersey, for instance, are already discussing the possibility of introducing laws similar to New York’s new law. Additionally, passing this law in New York City sends a message that other cities and towns may also receive; the time for accepting or ignoring discrimination against any group of people is over.

The New York City law was supported by a vote of 44-5, which is in line with the strong support that advocates have received for similar causes. Although Mayor Eric Adams has not committed publicly to signing the bill, his office has encouraged its passage, and Councilmember Abreu is confident of his support. Given this support level, it is just a matter of time before this law becomes a reality.

The passage of the New York City bill marks an important moment for the D&I movement, and is likely to have significant consequences in the short and long term. By promoting a more inclusive workplace culture that eliminates discriminatory practices leading to discrimination against workers, this legislation serves as a beacon of hope for those seeking a more tolerant and accepting working environment. While this is just one step in a much broader movement, the passage of Int. No. 209-2022-A is undoubtedly a significant victory in the fight against workplace discrimination. It sends a powerful message that in the United States, where inclusivity and respect are valued, discrimination based on characteristics like size is unacceptable.

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