Workplace Discrimination in New Hampshire

Discrimination is an all-too-familiar scenario for many in the workplace. Likewise, it is also the most common type of workplace lawsuit that workers file. An experienced New Hampshire workplace discrimination attorney can help. Find out how.

What Is Workplace Discrimination?

Discrimination in the workplace deals with unfair treatment. These laws find their basis on factors such as race, gender, sexual orientation, physical disability, physical qualities, or age. Workplace discrimination can occur between employees or between employers and existing or prospective employees.

New Hampshire Labor laws make some types of workplace discrimination illegal. If illegal discrimination occurs, workers may be able to file a workplace discrimination lawsuit. A worker does not need to currently have employment from a company to face qualifying discrimination. For instance, the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may become entitled to a claim.

Here are some of the most common types of discrimination that occur in the New Hampshirework environment:

  • Choosing not to hire someone because of their disability
  • Choosing not to promote someone because of their race
  • Excluding someone from a project because management says they’re too old
  • Making misogynistic comments about women
  • Deliberately paying men more than women because the boss values their work more

Should You File a Complaint With the HR Department or the EEOC?

Most New Hampshire companies have a human resources department and discrimination in the workplace falls within their portfolio. For that reason, raising concerns with the appropriate HR representative may include filing a written report, a possible sit-down interview, and an investigation.

Sometimes a company does not have a human resources department and there are no policies in place. To resolve the issue, you might take your concerns directly to the Equal Employment Opportunity Commission. They can assist you in investigating the claim and possibly filing a lawsuit.

The time limit for filing EEOC claims can be either 180 or 300 days. Typically, this depends on whether the alleged actions violate state laws as well as federal laws. Although there is no field office in New Hampshire, you can submit your complaint by phone or online. The EEOC may attempt to settle your issue through mediation if your employer is agreeable. Otherwise, an investigation will determine the next steps in the process.

What Laws Protect Against Discrimination in the Workplace?

There are federal workplace discrimination laws that help to protect employees. On a federal level, New Hampshire employees have protections from discrimination under Title VII of the Civil Rights Act of 1964. However, many states have even stronger laws that offer additional protection.

Let’s take an example. California became the first state where ethnic hair and the right to wear it naturally became a right. In other states, employers may discriminate against natural hair because of racial discrimination. 

According to the New Hampshire Commission for Human Rights, the state’s employment discrimination laws protect members of all federally protected classes. In addition, New Hampshire laws specifically include pregnancy, marital status, and sexual orientation. The statutes prohibit discrimination in hiring and employment. However, non-profit social, fraternal, and religious organizations may be exempt.

Title VII of the Civil Rights Act of 1964

This specifically prohibits employers from discriminating against employees on the basis of race, religion, sex, color, or national origin. It typically applies to organizations with 15 or more employees. It also applies to schools (both public and private) and labor organizations. The EEOC’s primary responsibility is enforcing this law.

New Hampshire’s Law Against Discrimination applies to employers with at least 6 employees, as well as to housing and public accommodation. In addition, the law establishes a State Commission for Human Rights to enforce the laws. The Commission can investigate and resolve complaints but also focuses on outreach and prevention.

Other Notable Applicable Federal Discrimination Laws

Examples of State Workplace Discrimination Laws

  • New Hampshire: 2018 legislation added gender identity to New Hampshire’s protected classes. New Hampshire laws also cover sexual orientation, regardless of actual orientation.
  • California: The CROWN Act – Bans employers from discriminating against ethnic hair.
  • New York: Human Rights Law – Prohibits discrimination. It includes protections for ethnic hair, sexual orientation, and gender identity as protected characteristics
  • Washington: Washington State Law Against Discrimination – Makes discrimination illegal, including discrimination against people with disabilities who rely on service animals

What Is the Workplace Discrimination Process Like?

Filing a claim for workplace discrimination in New Hampshire can be a tricky process given the number of potential laws in play. This is especially the case when the characteristics of the case under protections only qualify under state law. The EEOC enforces federal workplace discrimination laws. In some cases, individual state labor departments handle the claims that only qualify under state law.

Filing a Claim

When it comes to federal claims, workers have about 180 days to file, to remain within the statute of limitations. Time is of the essence with discrimination claims. It’s a good idea to hire a discrimination lawyer to help from the beginning.

New Hampshire Claimants also need to provide some basic information with their claim. Depending on the agency, the employer’s name, the name(s) of involved parties, and a description of the incident. It will also include the contact information for everyone involved.

Once the investigation has begun, the agency may request more information. They generally give you ample time and opportunity to produce said information if this happens.

Investigating the Claim

The investigation process may include interviews with the employee, employer, coworkers, and any other individuals who may have relevant information. If the agency determines that the claim is valid and that discrimination did occur, the next step typically involves seeking a resolution through settlement or mediation. This provides both parties with a strong incentive to reach a compromise and avoid further legal action.

If a settlement cannot be achieved, filing a lawsuit in the appropriate court may become necessary. In such cases, an attorney can issue a “Right to Sue” letter, granting the employee the legal authority to pursue their claim independently in court.

If the New Hampshire Commission for Human Rights finds no probable cause for your claim, there is no administrative appeal process. However, you can file an appeal in Superior Court. If probable cause is found, you can continue with the administrative process or remove your case to the court.

Work With an Experienced Workplace Discrimination Lawyer in New Hampshire

Consider hiring a lawyer who specializes in discrimination in New Hampshire as soon as the incident takes place. Experts often recommend that you resolve the issue internally through the proper HR channels. On the other hand, many employers mishandle these cases.

If you are considering a lawsuit, an attorney becomes even more necessary. New Hampshire discrimination attorneys can help you with the paperwork, prepare you for depositions, and find corroborating witnesses to support your claim.

If the court rules in your favor, you might become entitled to several different compensatory benefits:

  • Back pay
  • Promotion
  • Reinstatement
  • Front pay
  • Reasonable accommodations
  • Payment of attorney’s fees, court costs, and expert witness fees

Are you ready to find out if you are eligible for these benefits in New Hampshire? Start with a case review. We can even help you connect with an attorney across New Hampshire state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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