New Hampshire ( NH ) Employment Discrimination Law in the Workplace
August 24th, 2006 Posted by KarenFurther research and investigation into the employment discrimination laws in the workplace for each of the states has led me along an incredulous path. It has gotten to the point that I am more shocked to see states with few expansions of the federal standards. New Hampshire is one of these states.
New Hampshire’s employment discrimination laws in the workplace make it illegal to discriminate on the basis of age, color, disability (physical or mental), martial status, pregnancy (and conditions related to pregnancy), race, religious creed, sex, and sexual orientation.
Claims in New Hampshire can be filed with one of two agencies: the state agency, the New Hampshire Commission for Human Rights (NHCHR), or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The NHCHR can be contacted at (603) 271-2767 and the EEOC can be contacted at (617) 565-3200 or TTY: (617) 565-3204.
Claims through the NHCHR must be filed within 180 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because of the difference in deadlines it is best to first file through the NHCHR and then have them cross-file your claim with the EEOC. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.
If your claim is not resolved by these agencies, you may need to pursue it in court. In both state and federal cases, you must first file with the appropriate agency and receive a release from that agency. The EEOC will release your claim by giving you one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents. If the release document from the NHCHR gives a ‘no probable cause’ finding, you will not be allowed to pursuer the case in court. Lawsuits filed in New Hampshire’s state court system have a 3 year time limit from the time the discriminatory act occurred. If your case has been pending for 180 days with NHCHR, you may request documentation to release your case.
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