New Hampshire Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

New Hampshire Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The New Hampshire Law Against Discrimination prohibits discrimination in employment based on age, sex (including pregnancy, childbirth, and related medical conditions), gender identity, sexual orientation, race, color, marital status, physical or mental disability, religious creed, or national origin (N.H. Rev. Stat. § 354-A:1 et seq.). The law defines “gender identity” as a person’s gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth (N.H. Rev. Stat. § 354-A:2).
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 the law, it is unlawful to refuse to hire, discharge, or discriminate against in compensation or in terms, conditions, or privileges of employment based on a protected characteristic unless a bona fide occupational qualification (BFOQ) applies. It is also unlawful to make any inquiry or record in connection with employment that expresses any limitation, specification, or discrimination as to a protected characteristic, unless based on a BFOQ.
More information is available at the New Hampshire discrimination section.
Public employers. In addition to the protected characteristics covered under the law, public employers are prohibited by Executive Order (EO) from employment discrimination based on gender expression (N.H. Exec. Order 2016–04).
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