NYC Mayor Eric Adams Outlaws Weight Discrimination

New York City Mayor Eric Adams has taken a stand against weight-based discrimination by signing a bill that prohibits it in the city. The bill, known as Intro. 209-A, adds “height” and “weight” to the existing non-discrimination provisions in the city’s administrative code. This means that everyone, regardless of their appearance, has the same access to employment, housing, and public accommodations.

“No one should ever be discriminated against based on their height and weight,” Adams said during the signing ceremony. “It shouldn’t matter how tall you are or how much you weigh when you’re looking for a job, are out on the town, or trying to rent an apartment.”

The New York City Human Rights Commission will be responsible for investigating allegations of height- or weight-based discrimination under the new law. The commission is already tasked with investigating alleged discrimination on the basis of other identity categories listed under the city’s non-discrimination laws, such as age, race, creed, color, national origin, gender, sexual orientation, disability, marital status, partnership status, etc.

The new law does include an exemption for employers that need to consider height or weight in employment decisions only where required by federal, state, or local laws or regulations, or where the city’s Human Rights Commission otherwise recognizes the height and weight non-discrimination protections could prevent a person from performing essential requirements of a job. The new law would provide a similar exemption opportunity for operators or providers of public accommodations.

Legal Precedents

Some people have sued, unsuccessfully, with claims of weight-based discrimination. Anthony Perilli, Jr. filed a lawsuit in Manhattan’s Supreme Court in 2015 after the Fire Department of New York (FDNY) told him he’d have to lose 71 pounds to qualify for a job. In another case alleging weight-based discrimination, bus driver Corey Dickson sued in a New Jersey court following his being deemed unfit to drive after a U.S. Department of Transportation (DOT) medical examination. Dickson weighed between 500 and 600 pounds at the time. His legal action was unsuccessful.

NTD News asked Intro. 209-A’s sponsor, Shaun Abreu, to comment on how a case like Perilli’s might be considered under the new law. Abreu did not respond by the time this article was published.

The Push For Fat Acceptance

The National Association to Advance Fat Acceptance (NAAFA) was among the organizations that celebrated the New York City law on Friday.

“History is being made today in NYC! The Mayor has signed into law a bill to outlaw discrimination based on a person’s height or weight! This legislation will help millions and will be a catalyst for other cities to follow suit,” NAAFA wrote in a tweet.

This law will help level the playing field for all New Yorkers, create more inclusive workplaces and living environments, and protect against discrimination,” Adams said.