Can a New York Employer Discriminate Based on Weight?

Unfair? Absolutely! Illegal? It is less than clear. Neither New York nor federal law contains a direct prohibition for weight-based discrimination. It is important to understand what can be classified as discrimination, how to prove it, and what damages you can seek. There have been some pushes for legislation to that effect but none have gained enough traction to move forward. That being said, there are circumstances in which weight motivated discrimination can form the basis for a lawsuit on the grounds that obesity is a disability.

Is Obesity Discrimination Considered Disability Discrimination?

Under New York’s Human Rights Law (NYHRL) employers are prohibited from discrimination based on “disability.” A disability under the law is a “physical, mental, or medical impairment” and in the employment context, discrimination is prohibited only if “upon the provision of reasonable accommodations,” the employee can perform the job at issue “in a reasonable manner.” If you feel you are being treated unfairly due to your weight it’s best to speak with a New York employment lawyer as soon as possible

New Jersey Weight Discrimination Lawyers

July 18, 2024
December 2, 2024

OVER

$200+ MILLION

recovered for our employment law cases

Experiencing discrimination because of your weight can be deeply upsetting. As New Jersey weight discrimination lawyers, we understand how this unfair treatment can impact your career, self-esteem, and overall well-being. Weight discrimination may manifest in various ways. You may have been passed over for a promotion or subjected to rude comments from colleagues. At Joseph & Norinsberg LLC, we are dedicated to standing up for victims of weight discrimination in New Jersey. Our experienced attorneys are committed to fighting for you and pursuing the justice you deserve. If you have faced weight discrimination in New Jersey, our team is here to provide the legal support and guidance you need to protect your rights.

Table of Contents

Why Choose Joseph & Norinsberg for Your New Jersey Weight Discrimination Case?
Steps To Take When Faced With Weight Discrimination in New Jersey
Legal Protections Against Weight Discrimination in New Jersey
Disability Discrimination Under NJLAD and Federal ADA
Role of a New Jersey Weight Discrimination Lawyer
Comprehensive Legal Services for Weight Discrimination Cases
FAQs About Weight Discrimination Laws
Contact Your New Jersey Weight Discrimination Lawyer Today

Why Choose Joseph & Norinsberg for Your New Jersey Weight Discrimination Case?

We are fiercely committed to protecting the rights of New Jersey workers, including the rights to fair pay, equal treatment, and a discrimination-free work environment. We are known for taking on the most challenging cases that other law firms refuse. When you come to us, we will listen. We will investigate. And if you have a case, we will fight relentlessly on your behalf to get you justice.

Proven Track Record of Success

Partners Bennitta Joseph and Jon L. Norinsberg filed a $15 million lawsuit against the owner of Mohawk House Restaurant in Sparta, N.J., on behalf of six former employees. The suit alleged harassment, sexual abuse, discrimination, and retaliation against our clients, who suffered physical and emotional distress due to the business owner’s extremely inappropriate actions.

Experienced Legal Team

Our attorneys and paralegals have years of experience protecting workers’ rights. We are ready to support you throughout your case, inside and outside the courtroom. The Supreme Court of New Jersey has declared our senior trial attorney, Crystal Dozier, a Certified Trial Attorney, underscoring our legal commitment and dedication to justice. With over 75 years of collective experience, our team is well-equipped to handle complex weight discrimination cases. We are renowned for helping New Jersey’s workers and local news and media coverage have documented our constant fight for justice.

Our Clients Have Given Us a Five-Star Rating

We are proud of our five-star Google rating, not because of the number but because of the satisfied clients it represents. We treat all our clients like family. Our clients often stay in touch with us long after their cases are resolved.

“Very attentive and responsive firm. Their attention to detail and knowledge of discrimination is very assuring. Recommend highly.”

Catherine E.

“Michael and Luiggi at Joseph & Norinsberg LLC were the most professional and diligent team. They represented me and were able to have my case solved in a really short period of time and the outcome was what we had wanted.I truly advise anyone that needs an employment law lawyer to contact them as they are the right team to help them.”

Michael D.

“The team at Joseph & Norinsberg, LLC worked with me step by step to help me understand the process of how to proceed with my case.I would like to acknowledge Michael Minkoff for being very professional and always being available to answer all of my questions. The entire team made me feel like family!! I am very grateful to them!”

Maria C.

Our Discrimination Case Results

When searching for the right law firm to represent you in a discrimination claim, you need to find one with a record of obtaining favorable results for its clients.Our firm has a 90 percent success rate and has recovered over $175 million in compensation in employment law cases.

Some notable results include the following:

We obtained a $725,000 settlement for a group of cleaners who worked for a New York-based commercial cleaning company. They alleged unpaid overtime, discrimination, and retaliation. After litigating for over two years, we successfully resolved the allegations of all 25 of our clients.

We also secured a $395,000 settlement for workers at a New York-based dance bar. Our clients alleged unpaid overtime, gender discrimination, and sexual harassment.

Steps To Take When Faced With Weight Discrimination in New Jersey

If you believe you have experienced weight discrimination, there are some steps you can take to help protect your rights.

Step 1: Take Notes and Gather Evidence

The first step is to start documenting every incident. Keep a detailed record of all discriminatory actions and remarks. Do your best to note the date, time, location, and individuals involved in those interactions. Also, save any relevant emails, text messages, or other communications that provide evidence of the discrimination.

Step 2: Contact a New Jersey Weight Discrimination Lawyer ASAP

Contact an attorney as soon as you suspect discrimination. They can review your evidence, answer your questions, explain your rights, provide a roadmap of your legal options, and handle all the legal details.

Step 3: Take Legal Action

Once your attorney is satisfied with the documentation, filing a formal complaint is next. The New Jersey Division on Civil Rights (NJ DCR) handles weight discrimination complaints. Your attorney can help you file a complaint online through the NJ DCR website. Filing a complaint initiates an investigation into your claims and can lead to resolution.

Legal Protections Against Weight Discrimination in New Jersey

New Jersey law does not currently protect workers against weight discrimination. However, the New Jersey Law Against Discrimination, or NJLAD, is one of the most comprehensive anti-discrimination laws in the country. Bill S1602 —which was passed by the Senate but is awaiting approval by the Assembly— would prohibit discrimination in employment, housing, and public accommodations based on a wide range of characteristics, including height and weight.

If passed, this bill will make it illegal for employers to make employment decisions based on an individual’s weight, making NJLAD even more protective for employees and offering more explicit legal recourse for victims of weight discrimination.

If you are currently facing weight discrimination, you may be eligible to pursue a claim based on disability discrimination.

Disability Discrimination Under NJLAD and Federal ADA

New Jersey’s Law Against Discrimination (NJLAD) currently prohibits unlawful discrimination against employees based on several protected classes, including disability.If your weight is linked to a disability, you may be entitled to compensation under New Jersey law. Similarly, under federal law, Title I and Title V of the Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified employees with disabilities.

If you believe your employer has discriminated against you based on your weight, our weight discrimination lawyers can determine whether we can link the claim to a protected class, such as disability. Our team offers free consultations to help you understand your legal options and figure out your next steps.

Role of a New Jersey Weight Discrimination Lawyer

As New Jersey weight discrimination lawyers, we advocate for people who have experienced workplace discrimination based on their weight. We understand the emotional and professional toll that weight discrimination can take. Our role is to support you through this challenging time by providing tailored legal advice and representation. We are committed to protecting your rights and establishing fair treatment in your workplace.

Comprehensive Legal Services for Weight Discrimination Cases

Our team offers a range of services to support your weight discrimination case, including:

Legal consultation: We start with a detailed consultation to understand your situation and provide preliminary advice.
Investigation and assessment: Our attorneys will thoroughly investigate your claims, gathering evidence and assessing the validity of your case.
Filing a complaint: If your case qualifies, we will help you file a formal legal complaint with the DCR.
Negotiating a settlement: We will negotiate with the offending party to reach a fair settlement that compensates you for the discrimination you faced.
Taking your case to court: If necessary, we are prepared to take your case to court. Our experienced trial lawyers will represent you, presenting a compelling case aimed at securing justice and fair compensation.

FAQs About Weight Discrimination Laws

If you believe you have been discriminated against because of your weight, you likely have a lot of questions about your rights and legal options. Here are the answers to some frequently asked questions about weight discrimination in New Jersey:

What Is Weight Discrimination?

Weight discrimination occurs when individuals are treated unfairly due to their weight. When it comes to employment, this includes missing promotions, receiving negative comments from colleagues, or being denied job opportunities.

Is Weight Discrimination Illegal in New Jersey?

Weight discrimination may soon be illegal in New Jersey under the New Jersey Law Against Discrimination (NJLAD) if it is expanded via Bill S1602. Speak with a New Jersey weight discrimination lawyer if you have suffered weight discrimination in the workplace.

Can I Sue My Employer for Weight Discrimination?

The first step to securing justice in your weight discrimination case is to discuss your case with a weight discrimination lawyer. You may be entitled to file a complaint with New Jersey’s Division on Civil Rights. If your case qualifies to proceed to court, our New Jersey weight discrimination lawyers will guide you through the legal process.

How Do I File a Complaint for Weight Discrimination?

It’s best to speak to a weight discrimination lawyer if you want to file a complaint for weight discrimination. You may be eligible to file a complaint with the New Jersey Division on Civil Rights. They handle discrimination complaints and will guide you through filing and negotiating your claim.

What Evidence Is Needed To Prove Weight Discrimination?

To prove weight discrimination in New Jersey, you should document incidents carefully, including dates, times, locations, and the people involved. Emails, texts, and witness testimonies can also provide valuable evidence.

Contact Your New Jersey Weight Discrimination Lawyer Today

If you experienced weight discrimination in a New Jersey workplace, you should take immediate action. At Joseph & Norinsberg LLC, we are committed to fighting for your rights and securing the justice you deserve. Our team of experienced attorneys will guide you through each step of the legal process, providing the support and legal experience you need. Call us today at 212-227-5700 or contact us online for a free consultation to discuss your case with a knowledgeable New Jersey weight discrimination lawyer.

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CLIENT TESTIMONIALS

"Very attentive and responsive firm. Their attention to detail and knowledge of discrimination is very assuring. Recommend highly."

"Experts in discrimination law - highly recommend."

"Great firm and quality service. Highly recommend them for discrimination and wage issues."

"Very attentive and patient professionals. They’re a must for discrimination and pay issues in the workforce."

Our Discrimination Law Case Results

$3 MILLION

Increased client’s severance for being discriminated against for their disability.

$1.35 MILLION

Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.

$1.25 MILLION

Race discrimination case against a luxury brand in the fashion industry (confidential).