The New Jersey Senate recently introduced Bill S1631 to expand the New Jersey Law Against Discrimination (LAD). This bill seeks to add height and weight as protected characteristics under the LAD, which generally prohibits discrimination in employment, places of public accommodation, and housing. Although not yet enacted, this proposed modification is consistent with comparable laws in other jurisdictions. Michigan has a similar provision, and the New York City Human Rights Law “prohibits unlawful discrimination based on height or weight in employment, housing, and public accommodations.”

Not all differential treatment based on height or weight, however, would be covered under this bill. Such treatment would be permissible where height or weight constitutes a bona fide occupational qualification or where safety considerations apply.

Bill S1631 includes no transition period; if enacted, its provisions would take effect immediately. Businesses and employers may wish to monitor this legislation and consider reviewing and updating their training materials, standard operating procedure manuals, and policies in advance of any change in the law.