Weight Discrimination Lawsuit Survives Dismissal: NYC Probation Officer Applicant Alleges Bias Under NYCHRL
4/29/25
On March 19, 2025, the New York Supreme Court denied the City’s motion to dismiss a lawsuit filed by Angela Harris, a civil service applicant who alleges she was denied employment by the NYC Department of Probation based on her weight. This marks one of the earliest and most prominent decisions interpreting New York City’s newly expanded Human Rights Law, which now prohibits discrimination based on height and weight in employment.
Background of the Case
Harris took and passed the civil service exam for probation officer in 2022. At her medical review with the NYPD in May 2024, she was reportedly told to “leave and only return after losing 95 pounds.” She was given a form indicating she must return to be reweighed after reducing her body weight by a specified amount. When her attorney informed the NYPD that Harris was initiating legal action, all communications ceased. While others from her exam group were sworn in, Harris was not.
The City argued that this was a medical evaluation, not a discriminatory act, and moved to dismiss the case. The court disagreed. It found that Harris’s allegations—particularly the fixed weight-loss directive without individualized assessment—plausibly support a claim of unlawful discrimination under the NYCHRL.
Why This Matters for Employers
This case is a wake-up call for employers operating in New York City. The 2023 amendment to the NYCHRL makes it unlawful to base employment decisions on weight unless a limited exception applies—such as a specific legal requirement or operational necessity validated by regulation. Notably, the City could not identify such a justification in Harris’s case.
For employers, the lesson is clear: blanket policies or assumptions about physical appearance, even under the guise of medical assessment, can constitute illegal discrimination unless grounded in legally recognized exceptions. The NYCHRL’s scope is intentionally broad, and courts are instructed to interpret it liberally in favor of employees.
With increased scrutiny and early litigation already underway, now is the time for employers to:
- Review internal hiring and evaluation protocols;
- Avoid appearance-based policies unless legally justified; and
- Train staff and evaluators to comply with NYC’s broad anti-discrimination framework.
To ensure your policies meet NYCHRL requirements—or to respond to an internal complaint or lawsuit—contact Sheryl Galler at sgaller@booklawllp.com or Chaim Book at cbook@booklawllp.com.
