In a New York Law Journal article, employment, executive compensation, and employee benefits partners Pascal Mayer and Greg Demers and law clerk Cassandra Lagana analyzed an amended New York City Human Rights Law to prohibit discrimination in employment, housing and public accommodations based on an individual’s height and/or weight.
The authors provide background on the legislative framework, outline exceptions to the rule and provide key takeaways and practical advice for employers.
The authors note that the addition of weight and height as a recognized basis of discrimination in the employment context puts New York City at the forefront of the ongoing movement to expand the scope of protections and encourage employer sensitivity and awareness of potential stigma or bias—and cautions that with limited guidance interpreting such laws business may consider taking a conservative approach to implementation, including with respect to updating their employee training materials.
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