New York City Expands Protections Against Discrimination in Employment

By Hannah Opheim
GovDocs Compliance Paralegal

Published Feb. 27, 2024

NYC Height and Weight Protections added to anti-discrimination legislation 2024 GovDocs

Employers with locations in New York City should confirm compliance with this recent amendment prohibiting height and weight discrimination.

Did you know that New York City recently made changes to its anti-discrimination protection legislation? Implemented last year, these updates will impact the labor law poster compliance of New York City businesses.

New York City Height and Weight Protection

New York City expanded protections against workplace discrimination for employees. On May 26, 2023, the New York City Council passed an amendment to existing law that added height and weight as a protected class against discrimination in employment. The amendment became effective on November 23, 2023.

It is important to note that like with many laws, there are exceptions to these new updates. The New York City Council added a provision indicating when height and weight is not considered a discriminatory action, specifically when the action is:   

  • Required by federal, state, or local law 
  • Permitted by the commission when there are certain jobs where height and weight are necessary factors to perform the essential job requirements, and there are no alternatives to perform the essential requirements of the job 
  • Permitted by the commission when height and weight are necessary criteria to the job to fulfill the normal operations of the business

Notice of Rights Poster

Employers should note that the amended law contains a posting requirement, and although the law was passed in May of 2023, the updated Notice of Rights Poster for New York City, which includes height and weight protections, wasn’t released until Jan. 2024. In addition to offering the poster in English, the city also offers the poster in Chinese and Spanish.

Other Protected Classes Under the New York City Human Rights Law

New York City’s Human Rights Law contains many protected categories for employees in addition to the new height and weight protections. Under the existing law, protected categories for employees include:

  • Age 
  • Arrest or Conviction Record  
  • Caregiver Status 
  • Color  
  • Credit History  
  • Disability  
  • Gender 
  • Gender Identity 
  • Immigration Status 
  • Marital or Partnership Status 
  • Military Service 
  • National Origin 
  • Pregnancy  
  • Race 
  • Religion/Creed 
  • Salary History 
  • Sexual & Reproductive Health Decisions  
  • Sexual Orientation 
  • Status as a victim of Domestic Violence, Sexual Violence, or Stalking 
  • Unemployment Status


Employers with locations in New York City should confirm compliance with this recent amendment prohibiting height and weight discrimination. And although displaying the poster is optional, Employers may want to consider displaying the new poster to inform employees of these changes. GovDocs offers the updated New York City Notice of Rights Poster for its posting customers in addition to postings for other cities and postings at the federal, state, and county level.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.

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