New Hampshire ADA: What you need to know
The New Hampshire Law Against Discrimination prohibits employment practices that discriminate on the basis of mental or physical disability. The Law covers private employers with six or more employees and all state and local government agencies, regardless of size (NH Rev. Stat. Sec. 354-A:1 et seq.).
Employers must not discriminate on the basis of disability where the individual:
- Is able to perform the essential functions of the job; and
- Will not present a significant risk to the health and safety of himself or others when performing the job in question.
In addition, an employer cannot make an employment decision based on a speculative future risk to health and safety or on the basis of assumptions or stereotypes about the disability involved (NH Admin. Code Sec. 406.01 et seq.). 'Disability' Defined
The term disability means:
- A physical or mental impairment that substantially limits one or more major life activities
- A record of such an impairment
- Being regarded as having such an impairment
Employers must provide reasonable accommodation for the known physical or mental limitations of a qualified individual with a disability, unless the accommodation would impose an undue hardship on the employer's business. The law prohibits employers from denying employment opportunities, compensation, terms, conditions, or privileges of employment when the denial is based on the need to make a reasonable accommodation to the physical or mental impairments of an applicant or employee (NH Rev. Stat. Sec. 354-A:7(VII)). Under the law, a reasonable accommodation may include:
- Making existing facilities readily accessible to and usable by individuals with disabilities
- Job restructuring, part-time or modified ...
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New Hampshire ADA Resources
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