New Hampshire Sex Discrimination laws & HR compliance analysis

New Hampshire Sex Discrimination: What you need to know

The New Hampshire Law Against Discrimination prohibits discrimination in employment on the basis of sex, marital status, or sexual orientation (NH Rev. Stat. Sec. 354-A:1 et seq.). The law applies to all public employers and to private employers with 6 or more employees.
"Sex" defined. The definition of "sex" includes pregnancy and related medical conditions (NH Rev. Stat. Sec. 354-A:7(VI)).
"Sexual orientation" defined. Under the law, sexual orientation means an actual or perceived orientation for heterosexuality, bisexuality, or homosexuality.
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BFOQ exception. Differences in treatment are permissible where sex or marital status is a BFOQ reasonably necessary for the position in question. The exception allows advertising or using employment application forms to indicate, directly or indirectly, any limitation, specification, or discrimination as to sex, only if sex is a BFOQ (NH Rev. Stat. Sec. 354-A:7). This exception is narrowly interpreted, and employers should be cautious in relying on such a rationale when making employment decisions that may have a discriminatory effect.
Employers must treat temporary disabilities due to pregnancy, childbirth, and related medical conditions the same as other temporary disabilities for disability leaves and benefits purposes. Employers are required to provide a leave of absence for disabilities due to pregnancy, even if they do not otherwise provide temporary disability leave. There is additional information.
Employers are prohibited from discriminating against mothers who are breast feeding (NH Rev. Stat. Sec. 132:10-d).
The New Hampshire Equal Pay Law prohibits gender-based wage discrimination for equal work that ...

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