New Hampshire Alcohol & Drugs: What you need to know

Some states have comprehensive laws that regulate or prohibit drug testing, however New Hampshire does not have such a law. New Hampshire employers are therefore free to implement drug-testing programs at their own discretion. There is more information on developing such a program.

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The New Hampshire Law Against Discrimination prohibits discrimination in employment on the basis of certain classifications, including disability (NH Rev. Stat. Sec. 354-A:1 et seq.). "Disability" is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, and being regarded as having such an impairment. The law specifically excludes the current illegal use of or addiction to a controlled substance from its protection. The law applies to employers with six or more employees.

Accommodation not required. New Hampshire law does not require that employers reasonably accommodate applicants or employees with physical or mental disabilities. Therefore, employers are not legally required to provide time off for rehabilitation or employee assistance programs to prospective employees or employees with substance abuse problems. However, the federal Americans with Disabilities Act (ADA) prohibits employment practices that discriminate on the basis of disability. The ADA protects alcohol dependency as a disability, but does not protect illegal drug use. The ADA covers employers with 15 or more employees. Therefore, a New Hampshire employer with fewer than 15 employees does not have to reasonably accommodate applicants or employees with a drug or alcohol dependency. New Hampshire employers with 15 or more employees must follow the ADA by ...

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