BILL NUMBER: S3841

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting discrimi-
nation against a person based upon weight

 
PURPOSE:

The purpose of this bill is to prohibit discrimination based on a
person's height or weight in opportunities of employment, housing and
access to public accommodations.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends multiple provisions of executive law
section 296 of the human rights law, to include as an unlawful discrimi-
natory practice discrimination based on a person's height or weight,
including:

(1) for an employer, licensing agency, or employment agency to discrimi-
              

nate against any individual because of their height or weight in oppor-
tunities for employment;

(2) for a labor organization to exclude from membership or discriminate
in any way against an individual because of their height or weight;

Section 2 of the bill amends subdivision 1-a of the executive law
section 296 to include as an unlawful discriminatory practice denial of
admission to or discrimination in the pursuit of occupational training
programs by such programs because of an individual's height or weight

Section 3 of the bill amends subdivision 2 of the executive law section
296 to include as an unlawful discriminatory practice discrimination any
person, being the owner, lessee, proprietor, manager, super-intendent,
agent or employee of any place of public accommodation, resort or amuse-
ment, because of a person's height or weight to refuse, withhold from or
deny such a person any of the accommodations, advantages, facilities or
privileges thereof.  The section makes an exception where an individ-
ual's height or weight requires them to be barred from places of amuse-
ment for purposes of compliance with established safety standards.

Section 4 of the bill amends subdivision 2-a of the executive law
section 296 to include as an unlawful discriminatory practice the
refusal to sell, rent or lease or otherwise to deny or withhold from any
person or group of persons housing accommodations because of the height
or weight of such person or persons.  The section also makes unlawful
discrimination in the terms, conditions or privileges of publicly-as-
sisted housing accommodations for the same reason.

Section 5 of the bill amends subdivisions 3-b, 4, and 13 of the execu-
tive law section 296 to include as an unlawful discriminatory practice

(1) an educational institution's denial of the use of its facilities to
any person otherwise qualified, by reason of their height or weight;

(2) any person's boycott, blacklist, or refusal to buy from or trade
with an individual as a result of their height or weight and
Section 6 amends subdivisions a, b, c, an d of subdivision 5 of the
executive law section 296 to include as an unlawful discriminatory
action owners, leases, sub-lessees, or managing agents to refusal to
sell, rent, lease, or otherwise deny to or withhold from any person or
group of persons land or commercial space because of the height or
weight of such person or persons

Section 7 amends subdivisions 1, 2, and 3 of the executive law section
296-a to include as an unlawful discriminatory practice for any creditor
or any officer, agent, or employee thereof to discriminate against
applicants for credit or deny applications for credit on the basis of
height or weight.

Section 8 amends subdivisions 2 and 3 of the executive law section 296-c
to include as an unlawful discriminatory practice the refusal to hire or
employ or to bar or to discharge from internship, or otherwise discrimi-
nate against an intern because of the intern's weight or height.

Section 9 provides that this act does not affect or exempt any employer
subject to the provisions of this act from complying with the laws of
any locality, except to the extent that such laws are inconsistent with
any provision of this act, but no such law, shall be considered incon-
sistent if it affords equal or greater protection to the employee.

Section 10 is the effective date.

 
JUSTIFICATION:

Discrimination in any form in opportunities for employment, access to
public accommodations and housing is not acceptable. This bill would
prohibit discrimination based on a person's actual or perceived height
or weight in relation to opportunities of employment, housing and access
to public accommodations.

 
LEGISLATIVE HISTORY:

S.2440 of 2023-2024 (Hoylman-Sigal): Passed Senate

A.7170 of 2023-2024 (Rosenthal): Died in Governmental Operations

S.8152-A of 2021-2022 (Hoylman): Died in Investigations and Government
Operations

A.8316-A of 2021-2022 (Abinanti): Governmental Operations

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.