Height & Weight Discrimination Lawyers in New York

New York Body Discrimination Laws

Amendments to the New York City Human Rights Law came into effect in November 2023. The new legislation prohibits discriminating against any person based on their height or weight. The statute applies to housing, employment, and places classified as “public accommodations,” including entertainment venues, hotels, and hospitals.

The legislation adds height and weight to a list that includes characteristics like race, age, pregnancy, gender, religion, and sexual orientation. Mayor Eric Adams signed it, signaling a progressive step towards equal rights for all individuals who live and work in New York City, as well as visitors.

What Do These Changes Do?

The laws prevent employers from refusing to hire or promote someone based on height or weight, offering different employment conditions, or contributing to a hostile work environment by making or allowing comments about appearances.

Housing providers are now officially prohibited from offering different lease terms or refusing viewings. Public accommodations cannot withhold services or access to facilities based on a person’s appearance.

The law protects New Yorkers who find themselves subject to harassment, offensive language, or prejudice based on their physical attributes.

Fighting Against Body Discrimination in New York

A survey by Resume Builder found that 36% of respondents have faced weight discrimination in the workplace, 12% have faced discrimination based on their height, and 23% based on their level of physical attractiveness.

For women, the statistics are more alarming, with research illustrating that the hourly wages of women can be reduced by nearly 2% for every increase of their body mass index (BMI).

What Does Body Discrimination Look Like?

Several remarks and actions could constitute body discrimination at the workplace.

The NYCCHR offers a few height and weight discrimination examples on its website:

• An individual is refused a client-facing job because a policy requires their employees to be a certain height, weight, or body size.
• Employers not providing or having the means to provide uniforms of every size.

The commission deems both cases to be violations because perceived client preferences and the improper providing of employee resources are not legal justifications for discrimination based on height or weight.

New Yorkers also cannot be fired because an employer believes their size will prevent them from completing their work or be denied a promotion based on their body type.

Furthermore, jokes or comments about your body by an employer or coworker constitute workplace harassment and may be grounds for compensation.

Taking Legal Action Against Body Discrimination in New York

People who have been discriminated against for their physical characteristics can file lawsuits against businesses with the New York City Commission on Human Rights (NYCCHR), or raise a complaint through New York City’s civil rights agency.

The commission also offers a free workshop to help tenants and employees understand their rights while outlining obligations for employees and housing providers.

Working with a weight or height discrimination lawyer can give you strong footing in a case against an employer.

Workplace Discrimination Complaints

You will need evidence to support your case. You should document all instances of discriminatory practices and how these practices have impacted your career prospects, income, or overall well-being.

Include relevant documents, such as termination letters, along with verbal and written communication.

Your lawyer can help you file your complaint. It should include the names, addresses, and phone numbers of the employer or organization, including the sequence of events accompanied by dates.

It must be filed with the NYC Commission on Human Rights (within one year of the last alleged discrimination).

What Kind of Damages Can I Recover in a Body Discrimination Case?

Any employer that is found guilty of height or weight discrimination laws may pay a host of damages including:

• Back pay damages
• Front pay damages
• Compensatory damages
• Punitive damages
• Attorney’s fees
• Emotional distress damages

You can discuss your circumstances with your attorney. They can provide you a clearer picture of your case’s potential value and ensure that you receive the maximum compensation available.

FAQs About Body Discrimination Cases

Is weight discrimination illegal in all cases?

While the law now effectively bans discrimination based on weight, employers may cite a few exceptions to defend themselves.

These include:

• If weight considerations are required by federal, state, or local laws
• If the Commission on Human Rights allows weight to be considered in case it doesn’t allow you to perform essential job requirements, and there are no alternatives available
• If the job has been identified as one in which weight is a necessary criterion for normal operations.

However, these provisions only apply to the workplace. When it comes to housing and public accommodation, there are no exceptions that allow providers to consider your weight.

Is height discrimination illegal in all cases?

No. Like weight discrimination cases, an employer may claim an exception if one of the three scenarios outlined above is relevant to the case. For housing providers, no exceptions allow them to include height as a consideration.

What protections are there against body discrimination in the workplace?

Until recently, there has been no specific provision for NYC weight discrimination. Following the passing of this law in November 2023, the city has become one of the localities with weight discrimination bills in place. Binghamton, NY, Madison, WI, and San Francisco, CA have similar laws in place.

Do you need a body discrimination lawyer?

Yes. To increase your chances of filing a successful complaint, it is highly recommended you seek the assistance of an attorney.

A lawyer is better equipped to handle sensitive conversations, knows how to ensure you’re properly compensated, and has the expertise to complete relevant paperwork and decide when to argue a case in court.

Furthermore, considering that no two discrimination cases are alike, only an expert can understand your unique requirements and help you achieve your specific goals.

Let Filippatos PLLC Help You Fight Discrimination

Filippatos PLLC believes that every individual has the right to seek employment, housing, and various services without the fear of discrimination.

Our team of body discrimination lawyers is committed to educating and helping New Yorkers who’ve found themselves in these situations but are unaware of how to exercise their rights.

If you’ve been discriminated against because of your appearance, you should contact us now. Call 888-9-JOBLAW or fill out our form here. Let’s fight discrimination together.