New Hampshire AIDS and Disease: What you need to know

The New Hampshire Law Against Discrimination prohibits discrimination in employment on the basis of physical or mental disability (NH Rev. Stat. Sec. 354-A:1 et seq. ). The law applies to all public employers and private employers with 6 or more employees, including employment agencies and labor unions. The law does not apply to nonprofit membership clubs.
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"Disability" defined. "Disability" is defined as a physical or mental impairment that substantially limits the performance of one or more major life activities. Drug abuse is expressly excluded from the definition of disability.
Like the federal Americans with Disabilities Act (ADA), the New Hampshire law prohibits employers from basing a decision regarding recruitment, hiring, discharge, promotion, advancement, or the other terms and conditions of employment, on the knowledge or perception that a person who is otherwise qualified to perform the job has a disability (NH Rev. Stat. Sec. 354-A:7). Additional information is available.
The United States Supreme Court has held that asymptomatic AIDS is a disability under the ADA "from the moment of infection" onward (Bragdon v. Abbott, 524 U.S. 624 (1998)). Employers covered by the ADA are prohibited from discriminating against an individual based on the fact or the perception that the individual has AIDS.
In addition, federal regulations provide that the human immunodeficiency virus (HIV) infection will "virtually always" be a disability under the amended ADA because the disease substantially limits immune function.
New Hampshire law provides that no person may be tested for AIDS or for the presence of HIV without first giving informed ...

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