NYC Court Upholds Weight Discrimination Claim—A Landmark Win for Civil Rights and Our Client
The William Grey Law Office PLLC is proud to announce a pivotal victory in Harris v. The City of New York. The New York County Supreme Court has denied the City’s motion to dismiss our client’s weight discrimination and retaliation claims under the New York City Human Rights Law (NYCHRL).
The Case: Disqualified Because of Weight—Not Ability
Our client passed the civil service exam to become a probation officer. Yet when she appeared for a medical evaluation, she was summarily told to “leave and only return after losing 95 pounds.” There was no medical diagnosis. No individualized assessment. Just a pre-printed form and a blanket demand for weight loss.
Despite our client reaching out to the NYPD to reschedule and confirming she had legal representation, she received no response. Others from the same hiring list were onboarded. She was not.
The Legal Impact: Enforcing NYC’s Expanded Civil Rights Law
This is among the first judicial interpretations of Local Law 61 of 2023, which added height and weight as protected characteristics under the NYCHRL. The City attempted to justify its conduct as a “medical determination,” but the Court rejected that argument outright.
In a well-reasoned decision, Justice Hasa A. Kingo ruled that our pleadings sufficiently stated claims for both weight discrimination and retaliation, reinforcing the following critical principles:
Rigid weight-based hiring rules may constitute direct evidence of unlawful discrimination.
Stereotypes about body size are not a lawful basis for employment decisions.
Retaliatory silence, such as ceasing communication after a legal claim is raised, may support a claim for retaliation.
Why It Matters
This decision affirms that NYC courts are prepared to give real effect to the NYCHRL’s expansive protections. It sends a strong message to both public and private employers: weight cannot be used as a proxy for competence.
At William Grey Law Office PLLC, we fight for fairness and accountability—whether the bias is based on weight, race, disability, or any other protected characteristic. If you believe you’ve been denied an opportunity because of who you are, we’re here to help.
