New Hampshire Selection and Testing laws & HR compliance analysis

New Hampshire Selection and Testing: What you need to know

The New Hampshire Law Against Discrimination prohibits discrimination based on age, sex (includes pregnancy and related medical conditions), race, color, marital status, physical or mental disability, religious creed, sexual orientation, or national origin, unless such factors constitute a bona fide occupational qualification (BFOQ), i.e., are required in order to perform the job in question. In addition, employers are prohibited from printing or circulating any job advertisement or notice that indicates a discriminatory limitation or specification, unless the limitation or specification constitutes a BFOQ. The law applies to employers with six or more employees (NH Rev. Stat. Sec. 354-A:1 et seq.).
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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).
Social media. Employers in New Hampshire are prohibited from requiring employees or job applicants to disclose their log-in information for accessing any personal account or service through an electronic communication device (NH Rev. Stat. Sec. 275:74).
Generally, employers may use professionally developed aptitude tests and other selection procedures if they are not designed, intended, or used to discriminate against a protected individual or class of individuals.
Employers are prohibited from requiring or administering genetic testing (i.e., testing for the ...

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