On May 26th, New York City Mayor Eric Adams signed into law amendments to the City's anti-discrimination/anti-harassment statute (the NYC Human Rights Law) which will add "height" and "weight" to the growing list of protected characteristics under the law.  The amendments to the law will go into effect on or about November 22, 2023 (within 180 days).  As our blog post outlines more fully, this is a significant development for NYC employers given the City law’s broad prohibitions that cover not only traditional employees, but also applicants, independent contractors, and interns.  The newly enacted amendments, do, however, permit employers to take individuals' height and/or weight into consideration in some limited instances, including where a person's height or weight could prevent the performance of their essential job functions, or where consideration of a person's height or weight is reasonably necessary for the execution of an employer's normal operations.  

We shall see how anticipated guidance and regulations shape NYC employers' requirements here.  But for now, employers are advised to start grappling with how these legal changes will impact their existing policies and procedures. Consideration should be given to reviewing and updating anti-discrimination and EEO policies, modifying harassment prevention trainings, and guiding HR professionals and managers through the new requirements.