States with Laws in Place

Michigan prohibits discrimination against people based on body size. Enacted in 1977, The Elliott-Larsen Civil Rights Act prohibits discrimination practices based on 10 categories, including weight.

Washington State Court cited its own disability law as part of the Washington Law Against Discrimination, ruling ob*sity can be considered a disability because it, alone, is a physiological disorder the medical community recognizes as a “primary disease.” (Note: NAAFA and many fat activists object to the medicalization of fat and the labeling of “obesity” as a disease).

Cities with Laws in Place

• Binghamton, NY: the municipal code on discrimination includes “weight or height” as protected categories.
  Binghamton Human Rights Law

• Madison, WI: the municipal code on discrimination includes “physical appearance” as protected categories.
  Madison, WI Code of Ordinances

• Miami Beach, FL: the Human Rights Ordinance added “height” and “weight” (among other additional categories) to protected classes in the city

  Ancestry, Height, Weight, Domestic Partner Status, Labor Organization Membership, Familial Situation, and Political Affiliation added as Protected Classes - Ordinance

  Discrimination is Illegal in Miami (poster)

• San Francisco, CA: the Human Rights Commission added “weight and height” to the municipal code to ensure that programs, services, and facilities would be accessible.
  San Francisco Administrative Code
  San Francisco Compliance Guidelines
  San Francisco Contract Code
  San Francisco Police Code

• Santa Cruz, CA: the municipal code on discrimination includes “physical characteristics” as protected categories.
  Santa Cruz Municipal Code Prohibition Against Discrimination

• Urbana, IL: the municipal code on discrimination includes “personal appearance, weight or height” as protected categories.
  Urbana, IL Code of Ordinances

• New York City, NY: administrative code of the city of New York prohibits discrimination on the basis of a person's height or weight in employment, housing, and public accommodations

  INT 0209-2022

  Height and Weight Protections in the New York City Human Rights Law: Different Bodies, Same Rights

• Washington, DC: the Human Rights Law includes “personal appearance” in its protected categories.
  Washington DC Human Rights Act
  Washington DC Title 4

Pending Legislation

• Massachusetts: On Tuesday, December 5, 2023 the Commonwealth of Massachusetts heard testimony on behalf of H.1705/S.1108 - An Act Prohibiting Body Size Discrimination. The bill is sponsored by Senator Rebecca L. Rausch and Representative Tram T. Nguyen.

  Click here to see testimony from Senator Rausch, Tigress Osborn (NAAFA) and Brandie Solovay (FLARE) of the Campaign for Size Freedom. Video of all testifiers, including Bigger Bodies Boston, is available on MAlegislature.gov.

• New Jersey: New Jersey has introduced Senate Bill 2741, sponsored by Senator Andrew Zwicker of District 16, with the corresponding Assembly Bill A4282 sponsored by Assemblyperson Angela McKnight and Assemblyperson Benjie E. Wimberly. The bill prohibits discrimination on the basis of height or weight under New Jersey's "Law Against Discrimination". It was introduced in the State Senate and has been referred to the Senate Labor Committee for review.

• New York: Assembly Bill A801, prohibiting discrimination against a person based upon weight, was introduced by Assemblyperson Linda Rosenthal on January 11, 2023 and it has been referred to committee.

• Vermont: S23, sponsored by Sen. Ruth Hardy (D-Addison) and co-sponsored by six others, would “prohibit discrimination and harassment based on hair types and styles associated with a  particular race and on the basis of weight.”

  The bill amends current public accommodations and fair housing laws by adding weight and/or hair to the anti-discrimination categories.