NYC to ban weight discrimination as critics warn it will allow people to ‘suing anything and everything’

NYC will ban weight discrimination under law backed by ‘fat activists’ as critics warn it will allow New Yorkers to ‘suing anything and anyone’

  • The bill prohibits discrimination based on height or weight in employment and housing
  • NYC minority council leader Joseph Borelli warned this could lead to more lawsuits

A law has been passed in New York City banning weight discrimination, helping a growing number of U.S. states make size a protected characteristic, such as race or gender.

The bill, which will be signed into law this month by New York City Democrat Mayor Eric Adams, would ban discrimination based on a person’s “height or weight” in “employment, housing and public accommodations.”

But it has sparked outrage among some, with New York Republican City Council Minority Leader Joseph Borelli claiming the law would allow people to “indict anything and anyone.”

Councilor Shaun Abreu, one of the bill’s main sponsors, said he realized weight discrimination was a “silent burden” after being treated differently when he gained more than 40 pounds during lockdown.

The bill also has support from charities and activists such as self-described ‘Fat Fab Feminist’ Victoria Abraham, who testified before the city council earlier this year in support of the legislation.

The bill, which will be signed into law this month by New York Democrat Mayor Eric Adams (pictured), would ban discrimination based on a person’s “height or weight” in “employment, housing and public housing.”

But the bill has sparked outrage among some, with New York City Council Minority Leader Joseph Borelli (pictured) claiming that the bill would allow people to

But the bill has sparked outrage among some, with New York City Council Minority Leader Joseph Borelli (pictured) claiming that the bill would allow people to “indict anything and anyone.”

It will also include a defense to employers where consideration of height or weight was “reasonably necessary” for the “normal operation” of a job.

Councilor Abreu said: ‘They are discriminated against without recourse and society says that’s fine.’

Miss Abraham, who campaigns for civil rights for overweight people, testified before the city council to help inform policymaking.

She said ABC7NY“In most places in the United States you can get fired for being fat and have no protection at all, which is crazy because this is a very fat country.”

The bill received widespread support and passed 44 to 5 in council on Thursday, but drew criticism from some.

Councilor Borelli told the New York Times: ‘I’m overweight, but I’m not a victim. No one should feel sorry for me except my struggling shirt buttons.’

Councilor Shaun Abreu (pictured), one of the bill's main sponsors, said he realized weight discrimination was a 'silent burden' after being treated differently when he gained more than 18kg during lockdown.

Councilor Shaun Abreu (pictured), one of the bill’s main sponsors, said he realized weight discrimination was a ‘silent burden’ after being treated differently when he gained more than 18kg during lockdown.

The bill also has support from charities and activists such as self-described 'Fat Fab Feminist' Victoria Abraham (pictured) who testified before the city council earlier this year in support of the legislation.

The bill also has support from charities and activists such as self-described ‘Fat Fab Feminist’ Victoria Abraham (pictured) who testified before the city council earlier this year in support of the legislation.

Michigan banned employment discrimination based on weight in 1976 and other cities, including San Francisco and Washington DC, have similar legislation.

Other state-level bills have now been introduced in New York, Massachusetts, Vermont, and New Jersey.

National Association for the Advancement of Fat Acceptance’s director of advocacy, Tegan Lecheler, who worked on the bill, told the BBC she hoped the legislation would “encourage wider conversation to frame this outside of health.”

She added, “It’s not a health issue. It’s a civil rights issue. It’s really about whether people are safe and protected and have the right to be in spaces.’

New York’s human rights law already prohibits discrimination in housing, the workplace and public accommodations based on 27 characteristics, including age, marital status, disability and national origin.

The bill adds weight and height to that list, and includes exceptions for jobs in which weight and height are a “bona fide job qualification” or where there are public health and safety concerns.