On November 22, 2023, New York City (NYC) amended the New York City Human Rights Law (NYCHRL) to provide employee protections against height and weight biases that unfairly limit job opportunities. The body size discrimination law applies to employers with four or more employees and all domestic employers. It prohibits actions such as:
- Refusing to hire or promote
- Offering different terms and conditions of employment
- Expressing that an individual will or may be treated differently
- Using harassing or offensive language
- Otherwise creating or allowing a hostile work environment
Sacchi v. The Ribbon Worldwide LLC, et. al
Notably, New York State (NYS) has yet to pass its similar legislation. Nevertheless, the first case to hit the news media was filed in the NYS Supreme Court in New York County on May 20, 2024. In the complaint, Joseph Sacchi, a 6’2″ waiter who weights 360-pounds alleges Paramount Pictures and The Ribbon restaurant discriminated against him by excluding him from working a “Mean Girls” movie premiere event at the restaurant. He says Paramount executives pointed to him and told the restaurant manager they didn’t want him working the reception. Although he was scheduled to work the event, he was allegedly excluded due to his appearance.
Actions the NYCCHR Can Take
NYC’s website page dedicated to height and weight protections includes a link to the report form for such discrimination, and it describes the action the NYC Commission on Human Rights can take:
- Order a respondent to cease and desist from engaging in the unlawful conduct
- Mandate policy change
- Order a respondent to pay for emotional distress damages, among other remedies
- Assess civil penalties up to $125,000.00 for general violations and up to $250,000 for violations that are the result of willful, wanton or malicious conduct
- Require respondents to take other actions such as training for managers and employees
It’s too early to know how the lawsuit will end, but there are actions employers can take now to ensure their workplaces are inclusive for all qualified individuals, regardless of height or weight.
Eliminating the Need for a Physical Impairment
New York City’s law creates a rare form of protection for higher-weight individuals. Before last November, to succeed in a claim, aggrieved employees had to connect size-related bias to another protected category, such as a physical impairment under the Americans with Disabilities Act (ADA). The new law creates a new cause of action directly addressing body size discrimination, which makes it easier for complainants to seek remedies.
Tips for Employers
Treating qualified individuals differently because of height or weight was always risky behavior. Not only could a worker’s height or weight be the result of a physical impairment under the ADA, employers ran the risk of acting unlawfully on other biases, too. It is a good policy to assume all workers fall into one of the many protected classes in NYC and treat them equally based on whether they are adequately performing the essential functions of the job. Here are some other tips to increase inclusion in your workplace and avoid discrimination complaints.
- Prioritize Safety. There are limited exceptions to the law that allow you to have height and weight restrictions for legitimate safety reasons. However, you must also consider emotional safety and the deep, lasting harm discrimination can cause. Take complaints seriously and deliver discipline swiftly.
- Connect with Your Employees. Lead by example and build strong connections with your team. Show genuine interest in their well-being and experiences. Remember, you don’t have to agree with someone 100% to listen to them. Responsible open dialogue fosters a culture of transparency and collaboration.
- Support and Celebrate Differences. Recognize and celebrate the unique qualities of each employee. Embrace diversity as a strength rather than a challenge and advocate for inclusion of all qualified individuals.
- Rethink Events You Host. Many meetings offer low-nutrient refreshments, sugary treats, and alcohol, which add to challenges for employees struggling with weight or substance abuse. Others might have other reasons for choosing healthier options. Don’t guilt them into having a slice of birthday cake, a glass of wine, or anything else.
- Encourage Healthy Lifestyles. Make it easy for employees to balance work and home, responsibilities and health. Experts consistently report that sleep deprivation deteriorates work quality and the support systems needed to produce our best results. Additionally, studies continue to show that excessive hours at work have diminishing returns on deliverables.
Conclusion
New York City’s body size discrimination law intends to promote inclusion. As long as an individual is qualified for a job, can perform its essential functions, and actually does perform them satisfactorily, they should be treated the same as any similarly situated worker. If you find yourself focusing on the way someone looks, your implicit biases are likely leading you into legal trouble.
Need more NYC employment law training?
There Is No Hierarchy of Protected Classes: Preventing Discrimination in the Wake of DEI Bans