Mayor Eric Adams signed into law a bill Friday that aims to prevent discrimination on the basis of weight and height.
The legislation, which was passed by the city council May 11, would protect New Yorkers from discrimination on the basis of weight and height when it comes to employment, housing and access to public accommodations. The legislation provides New Yorkers with the same protections as what’s afforded to them when it comes to race, gender, age, religion and sexual orientation.
“No one should ever be discriminated against based on their height and weight. We all deserve the same access to employment, housing, and public accommodations, regardless of our appearance,” said Mayor Adams in a statement. “It shouldn’t matter how tall you are or how much you weigh when you’re looking for a job.”
The legislation comes at a time when obesity rates across the nation continue to rise. According to a report by Center for Disease Control and Prevention, more than 40% of U.S. adults are considered obese, up from about 30% in 1999-2000.
The bill was sponsored by Councilmember Shaun Abreu, who represents northern Manhattan and said that he was prompted to introduce it after gaining weight during the pandemic. He said that he was treated differently as he got heavier.
“Size discrimination is a social justice issue and a public health threat,” Abreu said in a statement. “People with different body types are denied access to job opportunities and equal wages—and they have had no legal recourse to contest it. While it took way too long to enact something so basic and widely supported, it is only fitting that the most diverse New York City council in history is the one to enshrine this anti-discrimination principle into law.”
Complaints of weight and height discrimination will be investigated by the Commission on Human Rights, which also investigates issues pertaining to race, gender, age and other issues.
“Most forms of appearance-based discrimination have persisted unchecked,” said New York City Commission on Human Rights Commissioner and Chair Annabel Palma. “The New York City Human Rights Law now makes clear that no one should be denied an opportunity based on height or weight in employment, housing, and public accommodations. “
The bill does include exemptions for businesses—when height and weight has to be considered when hiring. For instance, if height or weight would prevent someone from completing tasks required by a job and there are no alternatives an exemption could be granted.
Advocates for the bill said New York was sending a message to the country.
“This is such a powerful moment for anyone who has ever faced discrimination simply because of the size of their body,” said Tigress Osborn, chair of the National Association to Advance Fat Acceptance (NAAFA) and co-founder of Campaign for Size Freedom. “When the mayor of one the most iconic cities in the world agrees that size discrimination is unacceptable, it sends a message to leaders all over the country, and all over the world.”
