N.Y.C. Admin. Code § 8-107

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N.Y.C. Admin. Code § 8-107
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https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-219879 ↗

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(e) The provisions of this subdivision and subdivision 2 of this section: (i) as they apply to employee benefit plans, shall not be construed to preclude an employer from observing the provisions of any plan covered by the federal employment retirement income security act of 1974 that is in compliance with applicable federal discrimination laws where the application of the provisions of such subdivisions to such plan would be preempted by such act; (ii) shall not preclude the varying of insurance coverages according to an employee's age; (iii) shall not be construed to affect any retirement policy or system that is permitted pursuant to paragraphs (e) and (f) of subdivision 3-a of section 296 of the executive law; (iv) shall not be construed to affect the retirement policy or system of an employer where such policy or system is not a subterfuge to evade the purposes of this chapter.

(f) The provisions of this subdivision do not govern the employment by an employer of the employer's parents, spouse, domestic partner, or children; provided, however, that such family members shall be counted as persons employed by an employer for the purposes of the definition of employer set forth in section 8-102.

(g) (1) The provisions of this subdivision relating to height and weight shall not apply to an action by a covered entity based on a person’s height or weight when such action is

(A) required by federal, state, or local law or regulation, or

(B) permitted by regulation adopted by the commission identifying particular jobs or categories of jobs for which

(i) a person’s height or weight could prevent performing the essential requisites of the job, and