Under the New Hampshire Law Against Discrimination, an employer may not use an application form that directly or indirectly asks questions pertaining to an applicant's age, sex, race, color, marital status, physical or mental disability, religious creed, national origin, or sexual orientation (NH Rev. Stat. Sec. 354-A:7). Employers are allowed to ask questions about the protected characteristics if there is a bona fide occupational qualification (BFOQ) exception. The Law applies to employers with six or more employees.
Retaliation prohibited. It is unlawful for an employer to retaliate or discriminate against any person because he or she has opposed any unlawful discriminatory practice or has exercised rights granted under the Law (NH Rev. Stat. Sec. 354-A:19).
Genetic testing. Under the New Hampshire Genetic Testing Law, an employer is prohibited from requesting or requiring genetic testing as a condition of employment. Employers may not make employment decisions about applicants or employees on the basis of genetic testing (NH Rev. Stat. Sec. 141-H:3).
Smokers' rights. A provision of New Hampshire labor law prohibits an employer from requiring job applicants or employees to abstain from using tobacco products outside the course of employment, as long as they comply with any workplace policy (NH Rev. Stat. Sec. 275:37-a).
Asbestos exposure. Under the New Hampshire Asbestos Management and Control Law, an employer is prohibited from discriminating against any applicant or employee who has complained about a violation of this statute (NH Rev. Stat. Sec. 141-E:19).
Breastfeeding mothers. Employers are prohibited from discriminating against mothers who breastfeed (NH Rev. Stat. Sec. 132:10-d).
The BFOQ exception allows an employer to make an employment inquiry only where the inquiry is reasonably necessary to the normal operation of the employer's business, and there is no less intrusive way to ensure that the applicant will be able to perform the essential functions of the job in question. In order to be a BFOQ, a characteristic must be