Can you be discriminated against for weight?

Even though discrimination based on weight has a negative impact on people's health and wellness, there is only one state in the U.S Michigan that has an anti-weight discrimination law.

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Workplace Discrimination For Weight In New York

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Plaintiff seeks to recover damages from her employer for employment discrimination and sexual harassment. Plaintiff states in her complaint that the acts of the defendant are so outrageous that punitive damages are due up to and including attorney fees.

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Other areas that ban discrimination based on height and weight include Washington, D.C., San Francisco and Santa Cruz, California, Binghamton, New York, Urbana, Illinois, Madison, Wisconsin, and the entire state of Michigan.

Weight stigma or bias generally refers to negative weight-related attitudes toward an individual with excess weight or obesity. These attitudes are often manifested by negative stereotypes (e.g., that persons with obesity are “lazy” or “lacking in willpower”), social rejection and prejudice.

Even though discrimination based on weight has a negative impact on people's health and wellness, there is only one state in the U.S – Michigan – that has an anti-weight discrimination law.

Similar laws may be coming to a jurisdiction near you. The city of New York adopted a new law last year banning discrimination against individuals on the basis of their height and weight when it comes to employment, housing and public accommodations.

The workplace is a common setting where weight bias and discrimination occur. Employees who have a higher body weight face weight-based inequities in employment including unfair hiring practices, lower wages, fewer promotions, harassment from co-workers, and unfair job termination.

In most states employees can be fired because of their weight. Michigan is the only state that has passed a law explicitly prohibiting weight-based discrimination and the Washington state Supreme Court has declared that obesity is covered under their anti-discrimination law.

Obesity discrimination is not currently afforded legal status as a protected characteristic under the Equality Act 2010 (EqA 2010). However, obesity-related conditions (eg, osteoarthritis), may be in scope where an employee is able to satisfy the legal definition of a disability under EqA 2010.

The New York State Human Rights Law does not currently include height and weight as protected categories.

For example, a person with obesity who is qualified for a job but is not hired for the position because of his or her weight may have been the victim of weight discrimination.

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The Human Rights Law prohibits unlawful discrimination based on height or weight in employment, housing, and public accommodations (e.g. Effective November 26, 2023, a significant amendment to New York City's Human Rights Law (NYCHRL) prohibits discrimination based on height and weight.The city of New York adopted a new law last year banning discrimination against individuals on the basis of their height and weight. Overweight employees who face workplace discrimination may be able to bring an ADA claim based a disabilty. New York City's ban on height and weight discrimination is set to go into effect on November 22, 2023. The law protects both applicants and employees from discrimination based upon their actual or perceived height or weight. Washington State prohibits discrimination based on obesity. You can also call 311 (say discrimination) or fill out the New York City Commission on Human Rights online form: Report Discrimination – CCHR (nyc.gov). The law protects both applicants and employees from discrimination based upon their actual or perceived height or weight. As a New Yorker, you deserve access to proper employment, no matter your height and weight.

Workplace Discrimination For Weight In New York

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