The New Hampshire Law Against Discrimination prohibits discrimination in employment on the basis of religious creed, which includes religious beliefs, practices, and observances (NH Rev. Stat. 354-A:1et seq.). The law applies to public employers and private employers with six or more employees. Under the law, it is unlawful to:
• Refuse to hire or discharge or to discriminate in compensation or in terms, conditions, or privileges of employment, unless the action is based upon a bona fide occupational qualification (BFOQ).
• Print or circulate any statement, advertisement, or publication, or to use any form of application for employment that expresses any limitation, specification, or discrimination as to religion, unless the action is based upon a BFOQ.
• Make any inquiry or record in connection with employment that expresses any limitation, specification, or discrimination as to religion, unless the inquiry is based upon a BFOQ.
• Discharge or otherwise retaliate against any person because he or she has filed a complaint of discrimination or had testified or assisted in any proceeding under the law.
• Aid, compel, or coerce the doing of any of the acts forbidden under the Law, or to attempt to do so.
Individual liability. The New Hampshire Supreme Court has ruled that an individual employee may be held personally liable for aiding and abetting discrimination or harassment by an employer covered under the law (EEOC v. Fred Fuller Oil Co., 134 A.3d 17 (NH 2016)). It also ruled that an individual employee may be liable for retaliation. The Court examined the language of the state statute and noted that the aiding and abetting portion is not limited to employers and that a discrimination complaint may be ...