Under the New Hampshire Law Against Discrimination, employers may not make inquiries of, or impose qualifications on, prospective employees based on age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, national origin, or sexual orientation, unless based on a bona fide occupational qualification (BFOQ). BFOQ exceptions are rare, and employers should be cautious about making employment decisions that discriminate against a protected group (NH Rev. Stat. Sec. 354-A:1 et seq.). The Law applies to all public employers, private employers with six or more employees, and charitable and educational corporations and associations. The Law does not cover nonprofit social clubs or religious organizations or institutions.
Under a separate law, employers are prohibited from requiring genetic testing as a condition of employment. The Law also prohibits employers from using genetic test results to adversely affect the terms or conditions of an individual's employment (NH Rev. Stat. Sec. 141-H:3).
Domestic violence. New Hampshire employers are prohibited from discriminating against victims of domestic violence in the terms and conditions of their employment. It is an unlawful employment practice for an employer to refuse to hire an otherwise qualified individual because the individual is a victim of domestic violence, harassment, sexual assault, or stalking (NH Rev. Stat. Sec. 275:71).
Social media. Employers in New Hampshire are prohibited from requiring employees or job applicants to disclose their log-in information for accessing any personal account or service through an electronic communication device (NH Rev. Stat. Sec. 275:74).
Noncompete agreements. Employers ...