New Hampshire Sexual Harassment laws & HR compliance analysis

New Hampshire Sexual Harassment: What you need to know

The New Hampshire Law Against Discrimination prohibits employment discrimination based on sex, gender identity, or sexual orientation, including sexual harassment (NH Rev. Stat. Sec. 354-A:1 et seq.). The law applies to all public employers and private employers with six or more employees.
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The law defines “sexual harassment” as unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical conduct of a sexual nature when:
• Submission to the harassment is made a term or condition of an individual's employment;
• Submission to or rejection of the harassment is used as the basis for employment decisions affecting the individual; or
• The harassment has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
State law prohibits employers from discharging or otherwise retaliating against any person who has opposed a discriminatory practice, filed a complaint of discrimination, or testified or assisted in any proceeding under the law.
The 1st Circuit Court of Appeals has ruled that the activities of an employee who helped a coworker bring a harassment complaint to the employer's human resources department constituted protected activity under Title VII of the Civil Rights Act (Title VII) (Collazo v. Bristol-Myers Squibb Mfg., 617 F.3d 39 (1st Cir. 2010)). The employee in this case was fired after he repeatedly helped a coworker pursue the sexual harassment complaint she filed with their employer's human resources department. Although the employer claimed it discharged the employee as part of a reorganization, the court ruled that the ...

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