The New Hampshire Law Against Discrimination prohibits discrimination in employment on the basis of national origin (NH Rev. Stat. Sec. 354-A:1 et seq.). The Law applies to all public employers and private employers with six or more employees. National origin includes ancestry, and generally refers to an individual's or ancestor's place of birth. Under the Law, it is unlawful to:
• Refuse to hire, discharge, or discriminate against in compensation or in terms, conditions, or privileges of employment on the basis of national origin, unless based on a bona fide occupational qualification (BFOQ).
• Print or circulate any statement, advertisement or publication, or use any form of application for employment that expresses any limitation, specification, or discrimination as to national origin, unless based on a BFOQ.
• Make any inquiry or record in connection with employment that expresses any limitation, specification, or discrimination as to national origin, unless based on a BFOQ.
• Discharge or otherwise retaliate against any person because he or she has filed a complaint of discrimination or had testified or assisted in any proceeding under the Law.
• Aid, compel, or coerce the doing of any of the acts forbidden under the Law, or to attempt to do so.
It is permissible to hire an individual on the basis of national origin because of a BFOQ for the position in question (e.g., hiring actors to portray individuals of a certain national origin). However, the BFOQ exception is narrowly interpreted, and employers should be very cautious in relying on a BFOQ when making employment decisions that may have a disproportionate impact on persons of a particular national origin.