The New Hampshire Law Against Discrimination prohibits discrimination in employment on the basis of race or color (NH Rev. Stat. Sec. 354-A:1 et seq.). The Law applies to all public employers and private employers with six or more employees. Under the Law, it is unlawful to:
• Refuse to hire, discharge, or discriminate against in compensation or in terms, conditions, or privileges of employment, 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 race or color, unless based on a BFOQ.
• Make any inquiry or record in connection with employment that expresses any limitation, specification or discrimination as to race or color, unless based on a BFOQ.
• Discharge or otherwise retaliate against any person who has opposed a discriminatory practice, filed a complaint of discrimination, or 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.
• Engage in any practice prohibited by federal law under Title VII of the Civil Rights Act (Title VII).
It is permissible to hire an individual on the basis of race or color because of a BFOQ for the position in question (e.g., hiring actors to portray individuals of a certain race or color). The BFOQ exception is narrowly interpreted, however, and employers should be very cautious in relying on such a rationale when making employment decisions that may have a disproportionate impact on persons of a particular race or color.
Note: According to the Equal Employment ...