New Hampshire Selection and Testing: What you need to know

The New Hampshire Law Against Discrimination prohibits discrimination based on age, sex (includes pregnancy and related medical conditions), race, color, marital status, physical or mental disability, religious creed, sexual orientation, or national origin, unless such factors constitute a bona fide occupational qualification (BFOQ), i.e., are required in order to perform the job in question. In addition, employers are prohibited from printing or circulating any job advertisement or notice that indicates a discriminatory limitation or specification, unless the limitation or specification constitutes a BFOQ. The law applies to employers with six or more employees (NH Rev. Stat. Sec. 354-A:1 et seq.).
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Generally, employers may use professionally developed aptitude tests and other selection procedures if they are not designed, intended, or used to discriminate against a protected individual or class of individuals.
Employers are prohibited from requiring or administering genetic testing (i.e., testing for the presence, absence, or alteration of any gene or chromosome) as a condition of employment. Upon receipt of a written and informed consent, however, an employer may administer a genetic test to a requesting employee for the following reasons:
• The investigation of a workers' compensation claim
• The determination of the employee's susceptibility or level of exposure to potentially toxic chemicals and/or substances in the workplace, if the employer does not terminate or take any other adverse employment action against the employee based on the results of the genetic test (NH Rev. Stat. Sec. 141-H:3)
Employers are prohibited from ...

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