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

A bill outlawing weight discrimination has been passed in New York City, adding to a growing number of US states making size a protected trait like race or gender.

The Bill, which is set to be signed into law by Democrat New York City Mayor Eric Adams this month, would outlaw discrimination on the basis of a person’s ‘height or weight’ in ’employment, housing and public accommodation’.

But it has sparked anger among some, with Republican New York City council minority leader Joseph Borelli claiming the law would empower people to ‘sue anyone and everything’. 

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

The Bill also has support of charities and activists like self-styled ‘Fat Fab Feminist’  Victoria Abraham who testified to the city council in support of the legislation earlier this year.

The Bill, which is set to be signed into law by Democrat New York City Mayor Eric Adams (pictured) this month, would outlaw discrimination on the basis of a person’s ‘height or weight’ in ’employment, housing and public accommodation’

But the bill has sparked anger among some, with Republican New York City council minority leader Joseph Borelli (pictured) claiming the law would empower people to ‘sue anyone and everything’.

It will also include a defence for employers where consideration of height or weight was ‘reasonably necessary’ for the ‘normal operations’ of a job.

Councilman Abreu said: ‘They’re being discriminated against with no recourse and society saying that’s perfectly fine.’

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

She told 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 44-5 in the council on Thursday, but faced criticism from some.

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

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

The Bill also has support of charities and activists like self-styled ‘Fat Fab Feminist’ Victoria Abraham (pictured) who testified to the city council in support of the legislation earlier this year

Michigan outlawed workplace 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 advocacy director Tegan Lecheler, who worked on the Bill, told the BBC she hoped the legislation would ‘encourage a larger conversation of framing this beyond health’.

She added: ‘It’s not a health issue. It’s a civil rights issue. This is really about if people are safe and protected and have the right to be in spaces.’

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

The bill adds weight and height to that list, while including exceptions for jobs in which weight and height are a ‘bona fide occupational qualification’ or where there is a public health and safety concern.