New York City employers: In one of first judicial decisions concerning the 2023 New York City Human Rights Law amendments adding height and weight to the list of characteristics protected against discrimination in employment, the New York Supreme Court recently denied a motion to dismiss a lawsuit challenging discrimination based on weight.
The plaintiff alleged that she was denied employment as a probation officer solely because of her weight. She claimed that after she passed the civil service exam to become a probation officer in 2022, the NYPD had her undergo a medical evaluation and at the evaluation she was told to “leave and only return after losing 95 LBS”.
The Court determined that this directive alongside a form recording the plaintiff’s current weight and instructing her to be reweighed after losing a certain number of pounds, was sufficient to raise an inference of discrimination. It thus held that that the plaintiff stated viable claims of discrimination and retaliation under the NYCHRL
As one of the first decisions to apply the City’s new protections, it sends a clear message to employers that discrimination based on body size is not permissible under the NYCHRL.
The case can be found here: Harris v City of New York :: 2025 :: New York Other Courts Decisions :: New York Case Law :: New York Law :: U.S. Law :: Justia