NJ Bill Bans Height, Weight Discrimination At Work

TRENTON, NJ — A new bill looking to prohibit discrimination based on height or weight continues to move forward in New Jersey.

If enacted, the bill S-1631 would add height and weight to the list of protected qualities under New Jersey civil rights law.

"True equality in the workplace means ensuring that every New Jerseyan is judged by their talent, hard work, and character — not by a number on a scale or a measurement on a wall," said Senator Andrew Zwicker (D-Middlesex/Mercer/ Somerset/Hunterdon).

"By amending the Law Against Discrimination, we are closing a loophole that has allowed arbitrary physical traits to overshadow professional merit for far too long," said Zwicker.

Zwicker and Senator Angela McKnight sponsored the bill, S-1631. It recently passed in the New Jersey Senate with a 23-14 vote at the end of February.

The bill was then referred to the Assembly Judiciary Committee.

The Law Against Discrimination currently includes protections based on qualities including race, creed, color, sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, sex, gender identity or expression, and source of lawful income used for rental or mortgage payments.

McKnight said the bill addresses a form of discrimination that has often been left out of broader inclusion efforts.

"There is a significant amount of people who believe they have lost out on opportunities due to their physical appearance," said McKnight (D-Hudson). "Despite this, preventing discrimination based on height or weight has often been left out of efforts to create a more inclusive society. This legislation addresses that omission and protects more individuals from biased behavior."

Under the bill summary, exceptions would be allowed only for employment and public accommodations involving bona fide occupational qualifications and safety reasons.

In the U.S., Michigan is the only state that has a bill explicitly prohibiting discrimination based on height and weight in employment.

In New York City, a Human Rights Law addressing height and weight provisions was signed into law by Mayor Eric Adams on May 26, 2023, and took effect on Nov. 26, 2023.

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