New Hampshire — Workplace Discrimination

New Hampshire's Law Against Discrimination (RSA Chapter 354-A) makes it unlawful for an employer to refuse to hire, discharge, or discriminate in compensation or terms and conditions of employment because of an individual's age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, or national origin, unless based on a bona fide occupational qualification. The statute separately provides that no person shall be denied the rights afforded by the law on account of sexual orientation. Sexual harassment constitutes unlawful sex discrimination under the statute.

Source: N.H. Rev. Stat. Ann. § 354-A:7

New Hampshire's Law Against Discrimination (RSA Chapter 354-A) applies to employers with six or more persons in their employ. An employer's spouse, parent, or child do not count toward the six-employee minimum. This threshold is lower than the 15-employee federal floor under Title VII of the Civil Rights Act of 1964, bringing more employers within the scope of state anti-discrimination protections.

Source: N.H. Rev. Stat. Ann. § 354-A:2

Unable to confirm as of 2026-07-06.

RSA 354-A:19 explicitly prohibits retaliation against employees (or any person) who either oppose unlawful discrimination or participate in proceedings under New Hampshire's Law Against Discrimination. The text reads: "It shall be an unlawful discriminatory practice for any person to discriminate against any person because such person has opposed any practices forbidden under this chapter or because he has filed a complaint, testified or assisted in any proceeding under this chapter."

Who is protected?

• Employees who oppose practices unlawful under RSA 354-A (the "opposition clause"), such as by reporting or complaining about workplace discrimination.
• Employees who participate in a complaint, investigation, or hearing under RSA 354-A (the "participation clause").

Covered actors and scope. The statute covers "any person," which by definition (RSA 354-A:2, XIV) includes employers. While the law does not spell out the elements required to prove retaliation (such as a multi-part test or evidentiary burden), courts and agencies in other contexts typically require (1) protected activity, (2) an adverse act, and (3) a causal link—but RSA 354-A:19 itself does not enumerate this standard. New Hampshire agency guidance and published case law adopting or interpreting such a test could not be confirmed from primary authority as of 2026-06-16.

Remedies and process. RSA 354-A:19 does not separately spell out remedies or process for retaliation claims. These claims proceed through the same general procedures and forums (the New Hampshire Commission for Human Rights investigation and/or superior court) as other claims under RSA Chapter 354-A, with remedies provided in sections like RSA 354-A:21 and RSA 354-A:21-a. The statute itself is silent on remedies specifically for retaliation claims.

Source: N.H. Rev. Stat. Ann. § 354-A:19

Commission remedies (administrative claims): Under New Hampshire's Law Against Discrimination, the New Hampshire Commission for Human Rights may order an employer to cease discriminatory practices and to take remedial actions as necessary to effectuate the purpose of RSA 354-A. The statute expressly authorizes the Commission to award compensatory damages to a prevailing complainant, including but not limited to back pay, front pay, emotional distress, and other actual damages resulting from the discrimination (RSA 354-A:21, II(e)). The Commission may also assess an administrative fine, subject to a tiered cap based on employer size: up to $50,000 for respondents with 6–100 employees, up to $100,000 for 101–200 employees, and up to $300,000 for 201 or more employees. These caps apply per complainant per violation (RSA 354-A:21, II(f)). The Commission cannot award traditionally punitive damages, but it may order enhanced compensatory damages if it finds the unlawful practice was committed willfully, wantonly, or maliciously (RSA 354-A:21, II(g)).

Back pay calculation: Back pay remedies include lost wages, salary, employment benefits, or other compensation denied or lost due to the discrimination, less any amounts the complainant actually earned or could reasonably have earned through mitigation (RSA 354-A:21, II(e)). Front pay may be awarded when reinstatement is not appropriate.

Superior court remedies (private action): After 180 days from filing a complaint with the Commission—or earlier with Commission consent—a complainant may choose to file suit in superior court. The court can grant any relief available from the Commission, including compensatory damages, front and back pay, reinstatement, and declaratory or injunctive relief (RSA 354-A:21-a, II(a)). The court does not impose administrative fines, but if it finds willful or reckless discrimination it may award enhanced compensatory damages in lieu of a fine (RSA 354-A:21-a, II(b)).

Attorney's fees: The superior court may award reasonable attorney's fees and costs to the prevailing party in any action to enforce or review an order of the Commission (RSA 354-A:21, IV(b)).

Summary: New Hampshire law provides for actual and enhanced compensatory damages, capped administrative fines, and the potential for attorney’s fees on enforcement. Punitive damages, in the classic sense, are not awarded under RSA 354‑A.

Source: N.H. Rev. Stat. Ann. § 354-A:21 Source: N.H. Rev. Stat. Ann. § 354-A:21-a

New Hampshire requires employers to provide reasonable accommodations for employees with disabilities under RSA 354-A, with an undue hardship exception that closely parallels federal ADA standards.

Obligation to accommodate. RSA 354-A:7(I) makes it an unlawful discriminatory practice for an employer to fail or refuse to make reasonable accommodations for the known physical or mental limitations of a qualified individual with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business. The statute’s language and case law in New Hampshire both follow the federal ADA model: if an employee requests accommodation and is otherwise able to do the essential tasks of their job, the employer must engage in an interactive process to identify appropriate modifications—unless those modifications amount to a significant burden or cost.

Key terms defined.

• "Qualified individual with a disability" under RSA 354-A:2, XIV-a means a person with a physical or mental impairment who, with or without reasonable accommodation, can perform the essential functions of a position. Written job descriptions prepared before hiring serve as evidence of what is essential.
• "Reasonable accommodation" (RSA 354-A:2, XIV-b) includes making facilities accessible, job restructuring, modified work schedules, reassignment to vacant positions, equipment modifications, providing readers/interpreters, and similar measures.

Undue hardship—statutory test. RSA 354-A:2, XIV-d defines "undue hardship" as any accommodation requiring significant difficulty or expense. Statutory factors for assessing hardship include:

• the nature and cost of the accommodation
• the facility’s overall financial resources
• the number of people employed at the facility
• the effect on resource allocation and operations

Comparison: New Hampshire vs. ADA standard. New Hampshire’s undue hardship definition and factors mirror those of the federal ADA (42 U.S.C. § 12111(10)). Both require an individualized assessment, weighing cost, resources, and operational impact. While ADA case law may be persuasive in interpreting ambiguous points, employers should confirm their policies satisfy both state and federal standards in practice—especially as RSA 354-A covers smaller employers (six or more employees) than the ADA’s 15-employee floor.

Source: N.H. Rev. Stat. Ann. § 354-A:2, XIV-a–XIV-d, § 354-A:7(I)

RSA 354-A:7(VI) of New Hampshire’s Law Against Discrimination requires employers to treat disability resulting from pregnancy, childbirth, or related medical conditions as a temporary disability for all job-related purposes, including leave of absence, reinstatement, and other benefits. The provision applies to all covered employers (six or more employees under RSA 354-A).

Duration of leave — policy parity, no statutory cap. The statute does not set a specific maximum or minimum period for pregnancy disability leave. Instead, it requires pregnancy-related disabilities to be handled under the same leave policies and durations that the employer provides for other temporary disabilities. For example, if company policy allows eight weeks of leave for non-pregnancy temporary disabilities, the same period must be available for pregnancy disabilities. If the employer grants no leave for other temporary disabilities, RSA 354-A:7(VI) does not create an independent entitlement to a new category or duration of leave; it simply prohibits less favorable treatment based on pregnancy.

Job restoration and "business necessity" exception. Employers must reinstate employees returning from pregnancy disability leave to their previous position or a comparable one unless the employer can demonstrate business necessity as a reason for not doing so. The statute does not define “business necessity” and does not elaborate on the standard an employer must meet to invoke it. As of June 16, 2026, no implementing regulation or published primary interpretive guidance further clarifies what constitutes a business necessity in this context.

Employers should note the absence of a statutory definition: the question of what qualifies as “business necessity” may turn on future administrative or judicial interpretation.

Source: N.H. Rev. Stat. Ann. § 354-A:7(VI)