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What HR leaders need to know about the NYC bill banning weight discrimination

By
Amber Burton
Amber Burton
and
Paolo Confino
Paolo Confino
Down Arrow Button Icon
By
Amber Burton
Amber Burton
and
Paolo Confino
Paolo Confino
Down Arrow Button Icon
April 27, 2023, 7:43 AM ET
New York County Supreme Court. New York
A New York City bill banning discrimination on the basis of weight and height is expected to be approved next month.Getty Images

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New York City is expected to pass a proposed bill next month that would make it illegal for employers to discriminate on the basis of weight.

To some, it might come as a surprise that with the exceptions of Michigan and Washington, it’s within a company’s legal right to dismiss an employee or pass over a job candidate for being overweight. Antidiscrimination protections currently safeguard employees regarding race, gender, religion, and disability. But in many states, weight and height are not protected—something body-positivity advocates across the U.S. are working to rectify.

The New York City bill has garnered the support of over half of City Council members, and New Jersey and Massachusetts are also considering similar bills. “I would be surprised if anyone were opposing this legislation,” Kathryn Wylde, CEO of the nonprofit business group Partnership for New York City, told Bloomberg last year. 

Weight discrimination significantly affects women in the workplace. A 2014 study from Vanderbilt University found that women considered overweight made less money than colleagues of both genders regarded as average weight. They were also more likely to work in lower-paying and physically demanding jobs. 

“Weight stigma occurs at virtually every stage of the employment cycle—from getting hired to getting fired,” Rebecca Puhl, a professor who studies weight-based bullying, bias, and discrimination at the University of Connecticut, told me in an email. “Our research shows that about a third of adults who experience weight stigma report that it comes from an employer, and more than half report this stigma happening from coworkers.”

Experimental studies in psychology have also found that participants who act as hiring managers are less likely to employ higher-weight applicants, even when they have better qualifications than thinner applicants. 

For HR leaders, Puhl says, there’s a clear opportunity to address weight stigma through education and training programs and communicate that the company will not condone discrimination. 

“When it comes to workplace diversity training or antiharassment training, we don’t typically see body weight or body size included. Topics related to gender, sexuality, race, ethnicity, and disability are often the focus of this training content,” Puhl tells Fortune. “But weight stigma isn’t on the radar and is often absent.”

Amber Burton
amber.burton@fortune.com
@amberbburton

Reporter's Notebook

The most compelling data, quotes, and insights from the field.

Most employees are willing to make financial sacrifices to remain remote, a Korn Ferry survey finds.

“When asked if they would prefer a job with a higher salary but no flexibility to work remotely, or a job with a lower salary but flexibility in where they work, 72% said they’d take a lower salary if they could work from home. The top reason they want to work remotely: avoiding the hassle of getting ready and commuting to the office (61%)."

Around the Table

A round-up of the most important HR headlines, studies, podcasts, and long-reads.

- Victims of workplace discrimination experience such high stress levels that they’re more likely to develop high blood pressure. CNN

- Shopify is going "scorched earth" in its post-layoff recruitment strategy, according to internal company documents. Insider

- Tech jobs remain plentiful, especially at companies outside the tech industry. NPR

- Gen Z is expanding the definition of a “prestigious job” beyond the usual high-paying office job. BBC

- One thing the work-from-home era hasn’t eliminated: office politics. Bloomberg

Watercooler

Everything you need to know from Fortune.

Word of advice. Remote employees receive less feedback than in-person employees, making it harder for them to develop on the job. —Jane Thier 

Job hoppers need not apply. A job listing demanding workers have no more than three jobs in the last 10 years went viral. But recruitment experts say job hopping isn’t the red flag it used to be. —Orianna Rosa Royle

Corporate coffee date. Starbucks is inviting frontline employees to coffee dates with store managers to mend the company’s frayed relationship with staff. —Eleanor Pringle

Agile work. Companies looking to destigmatize flexible work should consider renaming it “agile work,” according to Deloitte. “The way to remove a stigma is to talk about it, reframe it.” —Jane Thier

This is the web version of CHRO Daily, a newsletter focusing on helping HR executives navigate the needs of the workplace. Today’s edition was curated by Paolo Confino. Sign up to get it delivered free to your inbox.

About the Authors
By Amber Burton
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Paolo Confino
By Paolo ConfinoReporter

Paolo Confino is a former reporter on Fortune’s global news desk where he covers each day’s most important stories.

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