Is Weight Discrimination at Work Against New Jersey Law?

In New Jersey, the question of whether it is illegal for employers to discriminate based on an employee’s or job applicant’s weight is still up in the air. Under current law, weight is not explicitly a protected category under the state’s Law Against Discrimination (LAD). That may soon change, as the New Jersey Senate passed a bill to include weight as a protected category under the LAD. In the meantime, an employee who believes they suffered adverse action based on their weight must look to other remedies.

The push to add weight as a protected category under the LAD reflects a growing recognition of the stigma and unequal treatment faced by individuals with larger body sizes. Advocates argue that explicit protections are necessary to ensure fair treatment and prevent bias. The Senate bill, S1602, approved on February 12, 2024, would make it illegal for employers to refuse employment or to discharge an individual based on their weight or height. An exception would be made where these physical attributes constitute a bona fide occupational qualification or safety consideration.

In the absence of explicit protection under the LAD, workers who face discrimination based on weight must look to other legal theories to challenge such treatment. If a worker’s weight is linked to a recognized health condition, an adverse action by the employer might qualify as disability discrimination under the LAD or the federal Americans with Disabilities Act (ADA). Both of these laws define disability broadly to include physical or mental impairments that substantially limit major life activities. Some courts have recognized that severe obesity caused by an underlying medical condition such as hypothyroidism or diabetes can be a disability. However, proving this requires medical documentation and a clear connection between the individual’s condition and the discriminatory behavior.

New Jersey is not alone in dealing with the issue of weight discrimination. Some other states and localities have moved to explicitly prohibit such practices. Michigan includes weight as a protected category under its Elliott-Larsen Civil Rights Act, making it unlawful for employers to discriminate based on weight. Some cities, including San Francisco and Washington, D.C., have enacted laws that protect individuals from discrimination based on height and weight. This patchwork approach leaves many workers without recourse, highlighting the need for comprehensive legal reforms.

Deutsch Atkins & Kleinfeldt, P.C. in Hackensack is one of New Jersey’s largest plaintiff-side employment law firms, handling cases of discrimination against individuals from all protected classes. We have the experience and resources to challenge even the most powerful defendants. Call us at 551-245-8894 or contact us online to arrange a confidential consultation.