DISCLAIMER: This post is intended only as general information about New York City’s body size discrimination law. It is not legal advice, and reading it does not make us your attorneys. If you need specific legal advice, please contact a NYC employment attorney to discuss your unique circumstances.
In November 2023, New York City (NYC) made significant amendments to the New York City Human Rights Law (NYCHRL) to protect employees from discriminatory practices related to height and weight. If you have been bullied at work because of your body size, you now have an easier path to stop it.
Prohibited Actions
The NYC body size discrimination law prohibits employers from allowing an individual’s height or weight to:
- Influence Hiring or Promotion Decisions
- Create Different Employment Terms and Conditions
- Foster a Hostile Work Environment
How to Report Body Size Discrimination
Employers can’t change what they don’t know about. If you are being discriminated against based on your height or weight, promptly report the misconduct to your supervisor or a Human Resources (HR) representative. Smaller employers might not have a dedicated HR representative. In that case, you can usually report to the office manager or business owner.
Regardless of who you report the discrimination to:
- Be clear that you are being treated differently because of your body size.
- Remind your employer that body size discrimination is illegal in NYC.
- Ask that action be taken immediately to stop the discrimination.
- Give your employer an opportunity to investigate and take appropriate action.
- Continue to follow up until sufficient action has been taken.
When to Escalate the Process
The reasonableness of an employer’s response to a discrimination complaint depends on:
- How long the discrimination has been going on
- The number of people involved and
- Several other factors
However, one week is usually a reasonable amount of time for an employer to investigate a discrimination complaint. You might need to escalate the process by contacting an attorney when you have questions about the process or no one has updated you within one to two weeks of your complaint. A lawyer can help you file your complaint in the required format and with an effective writing style, whether with your employer or with the NYC Commission on Human Rights (NYCCHR).
Remedies Under the NYC Body Size Discrimination Law
The NYCCHR has several tools at its disposal to enforce the law:
- Cease and Desist Orders
- Policy Change Requirements
- Emotional Distress Damages
- Civil Penalties
- Mandatory Training
Creating Inclusive Workplaces
Employment is a partnership in pursuit of mutually beneficial goals. Employees play a crucial role in fostering inclusive workplaces:
- Advocate for Safe Workplaces. Report issues clearly and promptly. Suggest solutions. Prioritize physical and emotional safety.
- Request Training or Other Assistance. When necessary to succeed in your role, share your unique needs and challenges. Then ask your employer for help meeting your mutual goals.
- Celebrate Differences. Embrace diversity and promote a positive work environment by getting to know your co-workers better. You don’t have to become close friends with everyone, but you can learn how to work more effectively with each other.
- Diversify the Workforce. Tell your friends, classmates, and others in your community about job opportunities with your employer. Encourage recruiters to explore non-traditional employee pipelines, and help them identify resources.
- Lead from Where They Are. You don’t have to have or want an authoritative title to contribute to an inclusive work environment.
Let’s create workplaces where everyone feels valued and respected–every day.
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What You Need to Know About NYC’s Body Size Discrimination Law