Adams passes bill to prohibit height or weight discrimination in housing and workplace
It seems wild to think that an employer would not hire someone because of their height or body type, but such is the world we live in. At least in New York City, Mayor Eric Adams recently signed into law a ban on discrimination because of a person’s height or weight in employment, housing, and public accommodations.
“We all deserve the same access to employment, housing, and public accommodation, regardless of our appearance, and it shouldn’t matter how tall you are or how much you weigh,” Adams said at the signing. “When you’re looking for a job, you are out on our town, or you are trying to get some form of accommodation or apartment to rent, you should not be treated differently. It creates more inclusive workplaces and living environments, and it protects against discrimination.”
The U.S. Equal Employment Opportunity Commission (EEOC) states that “height and weight requirements tend to disproportionately limit the employment opportunities of some protected groups.” Unless employers can demonstrate during the hiring process why they need to know someone’s measurements, it’s technically illegal under federal law to even ask.
“Workers come in all shapes and sizes and that is a good thing,” said Stuart Appelbaum, president of the Retail, Wholesale, and Department Store Union (RWDSU).
The bill, Intro. 209-A, was sponsored by Councilmember Shaun Abreu and similarly creates an exemption where a certain height or weight is necessary to “performing essential requirements” of a job.
Adams thanked Abreu for thinking outside the box about real equality in employment. Abreu said he owes an immense debt of gratitude to all the people who shared their stories of dealing with this “silent burden,” the organizations that helped spearhead the campaign that resulted in the bill, and all the advocates who helped push for the bill.
“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. Worse yet, millions are taught to hate their bodies.”
The first wave of body positivity protests began in Central Park in 1967 when about 500 people gathered to call out persistent bias against “fat” people. This led to the founding of the National Association to Aid Fat Americans (NAAFA) in 1969, later renamed the National Association to Advance Fat Acceptance. The group went on to treat fat phobia in healthcare, employment, and education as a serious civil rights issue, inspired by Black and women-led social justice movements of the time.
“This is such a powerful moment for anyone who has ever faced discrimination simply because of the size of their body,” said Tigress Osborn, co-founder of the Campaign for Size Freedom and NAAFA chair. “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, that creating equal opportunities and accessible communities for people of all sizes should be a priority.”
Osborn added that while attitudes can’t be legislated, people can do everything in their power to ensure that everyone is treated equally and has equal opportunity under the law.
To the criticism that body and fat positivity can be unhealthy, Adams said that he is an avid health advocate. “We are going to continue to talk about our progressive health agenda and science has [shown] that body type is not a connection to [being] healthy or unhealthy. I think that’s a misnomer that we are dispelling,” said Adams.
Ariama C. Long is a Report for America corps member and writes about politics for the Amsterdam News. Your donation to match our RFA grant helps keep her writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.
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