The Impact of New York’s New Height and Weight Mandate that goes into Effect in November 2023: Navigating Protected Characteristics in the Business World

SHIFT News & Articles

The Impact of New York’s New Height and Weight Mandate that goes into Effect in November 2023: Navigating Protected Characteristics in the Business World

SHIFT News & Articles

In a groundbreaking move, the state of New York City has recently added height and weight to its list of protected characteristics, joining the ranks of other protected categories such as race, gender, and religion. This mandate, aimed at promoting inclusivity and preventing discrimination, has sparked considerable discussions about its potential impact on businesses. 


“No one should ever be discriminated against based on their height and weight. We all deserve the same access to employment, housing, and public accommodations, regardless of our appearance,” said Mayor Adams. “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.” This law will help level the playing field for all New Yorkers, create more inclusive workplaces and living environments, and protect against discrimination. This law will go into effect on November 26, 2023. 


By recognizing height and weight as protected characteristics, New York City is taking a bold step toward combating appearance-based discrimination in the workplace. This mandate aims to create a level playing field for individuals of all shapes and sizes. As a result, businesses are compelled to reconsider their hiring practices and ensure that they do not discriminate against potential candidates based on their physical attributes.


While the height and weight protections bring several benefits, they also present challenges for businesses, particularly those in industries where physical attributes may be considered relevant to job requirements. Companies in modeling, sports, or aviation sectors, where specific height or weight restrictions may exist for safety or performance reasons, will need to navigate these new regulations carefully. Striking a balance between inclusivity and meeting industry-specific requirements will be crucial.


The new law does create an exemption for employers needing to consider height or weight in employment decisions.  The exemption is available only when required by federal, state, or local laws or regulations or when the Commission on Human Rights permits such considerations because height or weight may prevent a person from performing essential requirements of a job and no alternative is available or these criteria are reasonably necessary for the normal operation of the business.  


In light of the new mandate, businesses must review and revise their employment policies to ensure compliance. Employers must educate their hiring managers and HR departments about the importance of equal treatment and non-discrimination in the workplace. They must make clear that hiring, promotion, or termination decisions should be based solely on an individual’s qualifications, skills, and abilities without taking height or weight into consideration unless the role is exempt from the prohibitions against discrimination on these bases.  Training on these new developments will be essential to set employees up for successful compliance.


Organizations should be prepared to review their job requirements and performance metrics to ensure that they are fair and unbiased. Companies should focus on setting performance standards that are directly related to job responsibilities and essential functions rather than physical attributes. 


New York City’s mandate that height and weight be recognized as protected characteristics represents a significant step towards creating more inclusive work environments free from appearance-based discrimination. While businesses may face challenges in adapting to these changes, embracing diversity of all kinds and ensuring fair treatment can bring numerous advantages. By implementing unbiased hiring practices, conducting awareness programs, and reevaluating job requirements, companies can position themselves as champions of inclusivity, contributing to a more equitable and prosperous society.


Click here to chat with a training solution professional to learn how your organization can benefit from our updated New York City Anti-Harassment & Discrimination course. 


Written by Jeannie Gutridge

Executive Vice President at SHIFT HR Compliance Training

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