Comparison: State vs. Federal
The New Hampshire Law Against Discrimination prohibits employment practices that discriminate on the basis of mental or physical disability. The Law covers private employers with six or more employees and all state and local government agencies, regardless of size (NH Rev. Stat. Sec. 354-A:1 et seq.).
A "qualified individual with a disability" is an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the job in question. Consideration is given to the employer’s judgment as to what functions are essential if an employer has prepared a written job description before advertising for the job (NH Rev. Stat. Sec. 354-A:2).
The term "disability" means:
- A physical or mental impairment that substantially limits one or more major life activities
- Having a record of such an impairment
- Being regarded by others as having such an impairment
Employers must provide reasonable accommodation for the known physical or mental limitations of a qualified individual with a disability, unless the accommodation would impose an undue hardship on the employer's business. The law prohibits employers from denying employment opportunities, compensation, terms, conditions, or privileges of employment when the denial is based on the need to make a reasonable accommodation to the physical or mental impairments of an applicant or employee (NH Rev. Stat. Sec. 354-A:7(VII)). Under the law, a reasonable accommodation may include:
- Making existing facilities readily accessible to and usable by individuals with disabilities
- Job restructuring, part-time or modified work schedules, reassignment to a vacant ...