State and local employment laws are changing around the country, from a new measure in New York City prohibiting discrimination based on height and weight to protections enacted in Washington for off-duty marijuana use to a ban on almost all noncompete agreements in Minnesota.

In New York City, Mayor Eric Adams signed into law Int. No. 209-A, which amended the NYC Human Rights Law to add an individual’s “actual or perceived” height and weight to the list of protected characteristics. The antidiscrimination and antiharassment mandate will take effect on November 22, 2023, with application to employees, applicants, interns and independent contractors.

The law contains carve-outs for employers where consideration of height or weight is required by federal, state or local law or regulation, as well as for employers that need to consider height or weight in employment decisions if the consideration is permitted for particular jobs or job categories according to regulations adopted by the NYC Commission on Human Rights.

In addition, in instances where an employer’s action is not required by law or regulation, or permitted by regulation, the law provides an affirmative defense for employers where the individual’s height or weight prevented the performance of essential job functions (and that no alternative action existed for the employer to take that would allow the person to perform the essential requirements of the job) or where consideration is reasonably necessary for the...

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