Many are shocked to learn that the characteristics of “weight” or “height’ are not designated protected characteristics which prohibits employment discrimination against an individual because of their “weight” or “height’ under the New Jersey Law Against Discrimination or under Federal Civil Rights Statutes such as Title VII. There is a bill in New Jersey which aims to rectify this egregious wrong for NJ employees. It is logical for one to assume that “weight” or “height”, would be protected characteristics preventing an individual from employment discrimination based on those characteristics, but that is not yet the law. When there are many other protected characteristics under the New Jersey Law Against Discrimination, such as sex, race, etc., it defies reason and is unconscionable that one’s height and weight are not also protected characteristics. However, such is not currently the law under that statute or the Federal Statute. Employment/Civil Rights Law.
The New Jersey Senate passed S1602, seeking to amend the New Jersey Law Against Discrimination to include “weight” or “height” as protected categories for workers in the same extent as other characteristics such as age. New Jersey Age Discrimination Lawyer.
DON’T SIT ON YOUR RIGHTS. If you are being subjected to unlawful workplace discrimination, or your employer is committing unlawful acts against you, or believe you are being pushed out of your job, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept cases from all over the state and have locations in northern, central and southern NJ to meet with clients. Call today for a free consultation.
Status of S1602
New Jersey Senate Bill S1602, would amend New Jersey Law Against Discrimination to prohibit discrimination on the basis of height or weight, including hiring, training, promotions, pay and all benefits.
The bill was first passed by the Senate on February 12, 2024 by an almost two to one margin, in a 22-14 final vote. It then was referred to the Assembly Judiciary Committee for further review.
If later passed by the NJ Assembly and signed into law, it would add height and weight to the state's Law Against Discrimination, with exceptions for job-related safety requirements. Employment/Civil Rights Law.
Bill status: The bill is currently pending in the Assembly Judiciary Committee and it will not be passed by the end of this year.
Purpose: The bill aims to add height and weight as protected characteristics under New Jersey's Law Against Discrimination, similar to existing protections for race, gender, religion, and other categories such as disability. See Disability Law.
The language in the Exceptions in proposed amendment is: “The legislation includes exceptions for situations where height or weight are a “bona fide occupational qualification or safety consideration.”
The Senate’s amendments insert "height” or “weight" into numerous sections of the statute, mandating that discrimination based on these attributes is unlawful unless it qualifies as a bona fide occupational qualification and safety reasons, respectively. The text of the senate bill may be viewed here.
Other categories which are protected characteristics under the NJ Law Against Discrimination include, but are not limited, to race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, liability for service in the Armed Forces of the United States, nationality, sex, gender identity or expression. N.J.S.A. § 10:5-4. Obtaining employment and privileges without discrimination; civil right.
There is a horrible injustice by not having Height and Weight already included in the law. Many persons suffer personal and economic harm in numerous areas of their life, severe prejudice and are deprived of economic advantages and career advancement because of bias when their height or weight is over or under what is considered by many to be acceptable. There is therefore an urgency to this bill’s passage.
If You Quit Your Job, You May Lose Right to Prevail in a Lawsuit
In many instances of discrimination, if you quit your job, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of handing in a resignation letter, or think you will be fired (or have already been terminated), you should contact this office immediately for a free consultation to discuss your options.
DON’T SIT ON YOUR RIGHTS. Call today for a free consultation. If you think your employer has begun discriminating against you, you should contact this office immediately for a free consultation. I have represented public and private employees who were illegally discriminated against and was successful in recovering financial compensation for their emotional pain and suffering and moneys for lost wages, both for past lost wages and projected future lost wages. If you think your employer is illegally discriminating against you, you should contact this office immediately for a free consultation. I accept discrimination cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.