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About Discrimination Law in New Hampshire, United States

Discrimination law in New Hampshire aims to protect individuals from unfair treatment based on certain personal characteristics. These protections cover areas such as employment, housing, public accommodations, and access to credit. Discrimination laws ensure that everyone has an equal opportunity to work, live, and participate in public life regardless of their race, color, religion, sex, age, national origin, physical or mental disability, sexual orientation, gender identity, or marital status. Both state and federal laws provide protections, but New Hampshire has its own set of statutes, procedures, and enforcement agencies specifically tailored to residents of the state.

Why You May Need a Lawyer

Discrimination matters can impact many aspects of your life. Common reasons people seek legal help include experiencing unfair treatment or harassment at work or in the hiring process, being denied housing based on a protected characteristic, facing barriers when accessing public services or businesses, or being retaliated against for reporting discrimination. Legal help may be necessary to file complaints, negotiate settlements, gather evidence, understand your rights, and represent your interests in court or before administrative agencies. These cases can be complex, with strict filing deadlines and procedural requirements, making legal guidance valuable in protecting your rights and pursuing justice.

Local Laws Overview

New Hampshire’s primary anti-discrimination law is the New Hampshire Law Against Discrimination, codified in RSA 354-A. This state law prohibits discrimination based on race, color, religion, national origin, sex (including pregnancy), age, marital status, physical or mental disability, sexual orientation, and gender identity in several areas:

  • Employment - Employers, labor organizations, and employment agencies cannot discriminate in hiring, firing, promotion, job assignments, pay, or other terms and conditions of employment.
  • Housing - It is illegal to refuse to rent, sell, or impose different terms on someone due to their protected status.
  • Public Accommodations - Businesses and facilities open to the public cannot deny services or treat people differently based on protected characteristics.

The New Hampshire Commission for Human Rights enforces these laws and investigates complaints. Federal laws, such as Title VII of the Civil Rights Act, the Fair Housing Act, and the Americans with Disabilities Act, also apply and may offer additional or overlapping protections.

Frequently Asked Questions

What constitutes discrimination under New Hampshire law?

Discrimination occurs when someone is treated unfairly or unequally because of a protected characteristic, such as race, sex, age, disability, or other statuses outlined by law. This can occur in employment, housing, public spaces, and more.

Where can I file a discrimination complaint in New Hampshire?

You can file a complaint with the New Hampshire Commission for Human Rights. You may also have the option to file with a federal agency, such as the Equal Employment Opportunity Commission, depending on your situation.

What is the time limit for filing a discrimination claim?

Generally, complaints must be filed within 180 days of the alleged discriminatory act with the New Hampshire Commission for Human Rights. Time limits can vary, so it is important to consult an attorney or the Commission promptly.

Am I protected from retaliation if I file a complaint?

Yes, New Hampshire law prohibits employers and others from retaliating against anyone who files a discrimination complaint or participates in an investigation or lawsuit.

What evidence do I need to support a discrimination claim?

Helpful evidence can include documentation of discriminatory actions, records of conversations, witness statements, employment or housing documents, and notes about incidents or patterns of behavior.

Does the law protect independent contractors as well as employees?

While many protections apply to employees, some categories may also cover independent contractors, depending on the circumstances and specific law at issue. Legal consultation can clarify your status and rights.

Can I resolve a complaint without going to court?

Yes, many complaints are resolved through mediation or settlement with the help of the Commission or legal counsel before reaching a court trial.

Are there protections for people with disabilities?

Yes, both state and federal laws require reasonable accommodations in the workplace, housing, and public accommodations for individuals with physical or mental disabilities, unless doing so presents an undue hardship.

Can discrimination laws help with issues related to sexual orientation or gender identity?

Yes, New Hampshire law explicitly prohibits discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations.

What should I do if accused of discrimination?

If you or your business is accused of discrimination, it is important to consult an attorney to review the complaint, gather evidence, and respond appropriately to any investigation or legal proceedings.

Additional Resources

  • New Hampshire Commission for Human Rights - The state agency responsible for investigating discrimination complaints and providing education about the laws.
  • Equal Employment Opportunity Commission (EEOC) - The federal agency that handles employment discrimination under federal law.
  • New Hampshire Legal Assistance - Provides free or low-cost legal help to eligible residents facing discrimination or other legal challenges.
  • U.S. Department of Housing and Urban Development (HUD) - Manages housing discrimination issues and complaints.
  • American Civil Liberties Union (ACLU) of New Hampshire - Advocates for civil rights and liberties, including protections against discrimination.

Next Steps

If you believe you have experienced discrimination in New Hampshire, start by documenting your experience and gathering any evidence related to the incident. Consider contacting the New Hampshire Commission for Human Rights to learn about your rights and begin the complaint process. Consulting with an attorney experienced in discrimination law can help you understand your options, meet important deadlines, and build a strong case. If you are unsure where to begin, local legal aid organizations and advocacy groups can provide guidance, referrals, or even representation. Taking timely action is crucial to protect your rights and seek any remedies available under the law.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.