New Hampshire Application Forms laws & HR compliance analysis

New Hampshire Application Forms: What you need to know

Under the New Hampshire Law Against Discrimination, an employer may not use an application form that directly or indirectly asks questions pertaining to an applicant's age, sex, race, color, marital status, physical or mental disability, religious creed, national origin, or sexual orientation (NH Rev. Stat. Sec. 354-A:7). Employers are allowed to ask questions about the protected characteristics if there is a bona fide occupational qualification (BFOQ) exception. The Law applies to employers with six or more employees.
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Public employers. In addition to the protected characteristics covered under the Law, public employers are prohibited by Executive Order from employment discrimination based on gender identity or gender expression (EO 2016–04).
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).
Retaliation prohibited. It is unlawful for an employer to retaliate or discriminate against any person because he or she has opposed any unlawful discriminatory practice or has exercised rights granted under the Law (NH Rev. Stat. Sec. 354-A:19).
Genetic testing. Under the New Hampshire Genetic Testing Law, an employer is prohibited from requesting or requiring genetic testing as a condition of employment. Employers may not make employment decisions about applicants or employees on the basis of genetic testing (NH Rev. Stat. Sec. 141-H:3).
Smokers' rights. A provision of New ...

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