Labor and Employment

Laws Against Employment Discrimination in New Hampshire

By Lisa Guerin, ​J.D., Boalt Hall at the University of California at Berkeley
Employees in New Hampshire are protected from workplace discrimination based on certain traits.

Employees in New Hampshire are protected from workplace discrimination based on certain traits, such as ethnicity or sex. Congress and the New Hampshire legislature have decided that these traits, called protected characteristics, are not a fair basis for employment decisions—including who to hire, who to fire, and how much to pay employees. Below, we explain your rights under the state and federal laws that prohibit employment discrimination. (For more on this topic, see our employment discrimination and harassment page.)

Federal Laws Banning Employment Discrimination

Federal laws—including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act—protect employees in all 50 states against discrimination based on:

  • race
  • color
  • religion
  • sex
  • pregnancy
  • national origin
  • age (applies only to employees who are 40 years of age or older)
  • genetic information, or
  • physical or mental disability.

These federal laws make it illegal for employers of a certain size to discriminate in all aspects of employment, including hiring, benefits, promotions, pay, discipline, and termination. You are protected from discrimination if you work for a private employer with at least 15 employees (or 20 employees, for age discrimination).

Government employees are protected from discrimination, too. The Age Discrimination in Employment Act applies to all federal, state, and local government employers. For other types of discrimination, all federal government employers are covered, and state and local government employers are covered if they have at least 15 employees.

New Hampshire Laws Banning Employment Discrimination

New Hampshire’s Law Against Discrimination also prohibits discrimination, and it applies to even smaller employers. Private employers with six or more employees, and state employers and all subdivisions (boards, commissions, departments, and so on), may not discriminate based on:

  • age (all ages)
  • national origin
  • race or color
  • religion
  • gender
  • disability
  • marital status, or
  • sexual orientation.

In addition, New Hampshire employers may not discriminate against employees based on their:

  • genetic information
  • status as a victim of domestic violence, stalking, harassment, or sexual assault, or
  • use of tobacco products while off duty.
Employees of the state government are also protected against discrimination on the basis of gender identity.

Agencies That Enforce Discrimination Laws

The Equal Employment Opportunity Commission (EEOC) is the government agency that enforces federal laws prohibiting workplace discrimination. The EEOC website provides details on Title VII of the Civil Rights Act of 1964, the primary federal law that prohibits employment discrimination, as well as the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, and other federal laws. See Laws Enforced by EEOC for details. See our article on how to file an EEOC claim or visit the EEOC’s website for more information.

The New Hampshire Commission for Human Rights enforces state protections against workplace discrimination. You can find detailed information about the state’s Law Against Discrimination, as well as information on how to file a complaint, at the Commission’s website.

Finding an Employment Law Attorney in New Hampshire

If you believe you have been discriminated against at work, you should talk to an experienced New Hampshire employment lawyer. A lawyer can assess your situation, explain the laws that might apply, and evaluate the strength of your claims. A lawyer can also advise you on how to proceed, including filing a complaint or lawsuit, and what damages might be available if you win.

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