Discriminating against height and weight is legal, for now, in NJ

⚫ Weight and height are not part of New Jersey's law against discrimination

⚫ Advocates say people who don't fit the ideal model have suffered for too long

⚫ A number of states are contemplating rules about weight discrimination

In New Jersey, employers and landlords can't discriminate against individuals based on their race, religion, disability, sexual orientation, or age — and the list goes on.

But that list doesn't go far enough, according to legislation that narrowly cleared a New Jersey Senate committee.

Discrimination based on one's height or weight would be prohibited under the New Jersey Law Against Discrimination, if the measure is passed by both legislative houses and signed by Gov. Phil Murphy.

The measure, sponsored by Sen. Andrew Zwicker, D-Somerset, takes after a law in Michigan that's been in place for decades. A number of states are considering similar moves right now; a ban on weight discrimination is now law in New York City.

"This is a bill that's long overdue," said Alan Schorr, with National Employment Lawyers Association — New Jersey.

Schorr insisted that adding height and weight to New Jersey's discrimination law will not "spawn a flood of litigation." According to recent research, just 1.5% of complaints filed with the Michigan Department of Civil Rights are related to one's weight.

The New Jersey bill prohibits discrimination when it comes to employment, housing, and places of public accommodation, such as restaurants, schools, and government offices.

"All people deserve to live, work, and exist without the fear of discrimination, regardless of their shape or size," said Emma Martin, a recent Rutgers-Camden law graduate who has personally experienced weight bias.

As of now, Martin said, individuals don't have a course of action when they're discriminated against for these reasons. New Jersey courts have ruled that being obese is not considered a disability.

The Senate Labor Committee advanced the measure on Thursday by a vote of 3-2.

"I'm not supporting discrimination, but I think this is stepping outside the bounds," Sen. Edward Durr, R-Gloucester, said before casting a "no" vote.

Report a correction 👈 | 👉 Contact our newsroom