On May 11, 2023, the New York City Council passed Intro 209-A, which would amend the New York City Human Rights Law to include prohibitions on discrimination based on height and weight.

The new bill would add “height and weight” to the list of categories protected by Title 8 of the New York City Administrative Code, specifically to prohibit discrimination in connection with employment, housing, and access to public accommodations because of a person’s actual or perceived height or weight.

The bill would create an exemption for employers when height or weight is a “bona fide occupational qualification” reasonably necessary to the normal operation of the business, and for operators or providers of public accommodations where height or weight requirements qualify as bona fide considerations of public health and safety.

Enforcement of this bill, if passed into law, would fall under the Law Enforcement Bureau of the New York City Commission on Human Rights (CCHR). The bill would take effect 180 days after it became law.

This bill mirrors efforts in the New York state Legislature to prohibit height and weight discrimination, in bills sponsored in the New York State Assembly (A7170) and New York state Senate (S2440). The city of Binghamton, New York has prohibited such discrimination since 2008.