About Sexual Harassment Law in New Hampshire, United States
Sexual harassment is a form of discrimination prohibited under both federal and state law. In New Hampshire, sexual harassment is illegal in workplaces, schools, housing, and places of public accommodation. The state's laws define sexual harassment as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when submission to such conduct is made a term or condition of employment, is used as the basis for employment decisions, or creates an intimidating, hostile, or offensive working environment. Both men and women can be victims or perpetrators of sexual harassment in New Hampshire.
Why You May Need a Lawyer
Sexual harassment can be emotionally and professionally damaging, and navigating the legal system may be complex. Here are some common reasons you may need a lawyer:
- If you have experienced harassment and your employer, school, or landlord has not taken adequate steps to address your complaints
- If your work environment has become hostile or toxic due to repeated or severe behaviors
- If you have suffered retaliation, such as termination, demotion, or other adverse actions after reporting harassment
- If you need to file a formal complaint or pursue a lawsuit to enforce your rights
- If you are unsure whether certain conduct qualifies as sexual harassment under New Hampshire law
- If you are accused of sexual harassment and need to defend yourself or understand your rights and responsibilities under the law
Local Laws Overview
The New Hampshire Law Against Discrimination (RSA 354-A) prohibits sexual harassment in employment, housing, and public accommodations. Key aspects include:
- Employees, job applicants, tenants, students, and others are protected from sexual harassment under New Hampshire law
- Employers are required to take prompt and effective action upon learning of harassment allegations
- Complaints about sexual harassment can be filed with the New Hampshire Commission for Human Rights (NHCHR)
- Employers cannot retaliate against individuals for complaining about or participating in investigations into sexual harassment
- Both federal and state laws apply, and victims may file complaints with state agencies or the Equal Employment Opportunity Commission (EEOC)
- The definition of sexual harassment includes both quid pro quo and hostile work environment scenarios
- There are specific time limits for filing complaints, usually within 180 days of the alleged incident with state agencies
Frequently Asked Questions
What qualifies as sexual harassment in New Hampshire?
Sexual harassment generally includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct that creates a hostile or offensive environment, or where submission to such behavior is required for employment or education opportunities.
Who is protected under New Hampshire's sexual harassment laws?
Employees, job applicants, students, tenants, and individuals using public accommodations are all protected under New Hampshire law from sexual harassment.
What should I do if I experience sexual harassment at work?
Document the behavior, report it to your supervisor or human resources department following company policy, and keep records of your complaints and any employer responses.
Can I be fired for reporting sexual harassment?
It is illegal for employers to retaliate against someone for reporting sexual harassment. If you experience retaliation, you have additional legal protections and grounds for a complaint.
How do I file a sexual harassment complaint in New Hampshire?
You can file a complaint with the New Hampshire Commission for Human Rights, the Equal Employment Opportunity Commission, or initiate a private lawsuit. It is important to act quickly due to time limits.
How long do I have to file a complaint?
Generally, you must file a complaint within 180 days of the date of the alleged harassment with the NHCHR. Some exceptions may apply, especially under federal law.
What kinds of compensation or remedies are available?
Remedies may include back pay, reinstatement, damages for emotional distress, attorney’s fees, and policy or training changes at the offending organization.
Do small businesses have to follow sexual harassment laws?
Yes, most businesses in New Hampshire are covered by anti-discrimination and anti-harassment laws, though some requirements may differ for smaller employers.
Can sexual harassment occur outside the workplace?
Yes, sexual harassment can occur in schools, housing, and places of public accommodation, and is also protected under New Hampshire law in those settings.
Should I get a lawyer for a sexual harassment complaint?
While it is not required, having a lawyer can help protect your rights, ensure your complaint is properly filed, and increase your chances of a successful outcome.
Additional Resources
If you need help, consider reaching out to these organizations and resources:
- New Hampshire Commission for Human Rights (NHCHR) - Responsible for investigating discrimination complaints, including sexual harassment
- Equal Employment Opportunity Commission (EEOC) - Handles federal complaints of workplace discrimination
- New Hampshire Legal Assistance - Provides legal services for low-income individuals
- New Hampshire Bar Association Lawyer Referral Service - Assists with finding qualified legal representation
- National Sexual Assault Hotline (RAINN) - Offers confidential support and referrals
Next Steps
If you believe you have experienced or witnessed sexual harassment in New Hampshire, take the following steps:
- Document every incident in as much detail as possible, including dates, times, locations, and potential witnesses
- Report the behavior according to your employer’s or educational institution’s policy
- Seek support from coworkers, friends, or advocacy organizations
- Consult with a knowledgeable attorney focused on New Hampshire sexual harassment law for a confidential evaluation of your rights and options
- Consider filing a formal complaint with the NHCHR or EEOC, and be attentive to filing deadlines
Taking timely action can help protect your rights and foster a safer environment for all. Professional legal advice is recommended to ensure your case is handled effectively.
Lawzana helps you find the best lawyers and law firms in New Hampshire through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Sexual Harassment, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in New Hampshire, United States - quickly, securely, and without unnecessary hassle.
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.
