It depends.  Recently, New York City became the seventh city to add worker height and weight to the list of legally protected classes, in addition to more traditional categories, like race, ethnicity, gender, etc. New York does allow employers to consider height or weight in employment decisions when required by Federal, state or local laws.  New York also permits employers to consider these factors, if the worker’s height or weight would prevent them from performing essential functions of the job and a reasonable accommodation cannot be implemented.  Employers should consider these local laws and be aware of this growing trend to protect these categories.