S T A T E O F N E W Y O R K
________________________________________________________________________
801
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to prohibiting discrimi-
nation against a person based upon weight
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 296-e
to read as follows:
§ 296-E. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO THE WEIGHT OF
AN INDIVIDUAL. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE:
1. FOR AN EMPLOYER OR LICENSING AGENCY, BECAUSE OF AN INDIVIDUAL'S
WEIGHT, TO REFUSE TO HIRE OR EMPLOY OR TO BAR OR TO DISCHARGE FROM
EMPLOYMENT SUCH INDIVIDUAL OR TO DISCRIMINATE AGAINST SUCH INDIVIDUAL IN
COMPENSATION OR IN TERMS, CONDITIONS OR PRIVILEGES OF EMPLOYMENT.
2. FOR AN EMPLOYMENT AGENCY TO DISCRIMINATE AGAINST ANY INDIVIDUAL
BECAUSE OF WEIGHT IN RECEIVING, CLASSIFYING, DISPOSING OR OTHERWISE
ACTING UPON APPLICATIONS FOR ITS SERVICES OR IN REFERRING AN APPLICANT
OR APPLICANTS TO AN EMPLOYER OR EMPLOYERS.
3. FOR A LABOR ORGANIZATION, BECAUSE OF THE WEIGHT OF ANY INDIVIDUAL,
TO EXCLUDE OR TO EXPEL FROM ITS MEMBERSHIP SUCH INDIVIDUAL OR TO
DISCRIMINATE IN ANY WAY AGAINST ANY OF ITS MEMBERS OR AGAINST ANY
EMPLOYER OR ANY INDIVIDUAL EMPLOYED BY AN EMPLOYER.
4. FOR ANY EMPLOYER OR EMPLOYMENT AGENCY TO PRINT OR CIRCULATE OR
CAUSE TO BE PRINTED OR CIRCULATED ANY STATEMENT, ADVERTISEMENT OR PUBLI-
CATION, OR TO USE ANY FORM OF APPLICATION FOR EMPLOYMENT OR TO MAKE ANY
INQUIRY IN CONNECTION WITH PROSPECTIVE EMPLOYMENT, WHICH EXPRESSES
DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION OR DISCRIMINATION
AS TO WEIGHT, OR ANY INTENT TO MAKE ANY SUCH LIMITATION, SPECIFICATION
OR DISCRIMINATION, UNLESS BASED UPON A BONA FIDE OCCUPATIONAL QUALIFICA-
TION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00870-01-3
A. 801 2
5. FOR ANY PERSON, BEING THE OWNER, LESSEE, PROPRIETOR, MANAGER,
SUPERINTENDENT, AGENT OR EMPLOYEE OF ANY PLACE OF PUBLIC ACCOMMODATION,
RESORT OR AMUSEMENT, BECAUSE OF THE WEIGHT OF ANY PERSON, DIRECTLY OR
INDIRECTLY, TO REFUSE, WITHHOLD FROM OR DENY TO SUCH PERSON ANY OF THE
ACCOMMODATIONS, ADVANTAGES, FACILITIES OR PRIVILEGES THEREOF; PROVIDED,
HOWEVER, THAT IT SHALL NOT BE AN UNLAWFUL DISCRIMINATORY PRACTICE TO
ADHERE TO ANY WEIGHT RESTRICTIONS WHERE ANY DEVIATION MAY POSE A THREAT
TO THE INDIVIDUAL, OTHER PATRONS, OR THE GENERAL PUBLIC.
§ 2. This act shall take effect immediately.