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New Hampshire Amends Law to Prohibit Gender Identity Discrimination

07/01/18

Author: ADP Admin/Monday, July 2, 2018/Categories: State Compliance Update, New Hampshire

New Hampshire has amended its law against discrimination to include gender identity in the list of protected classes. The law prohibits discrimination based on gender identity in employment, housing, and public accommodation.

”Gender identity" is defined under the law as "a person's gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth."

The law will make it an unlawful discriminatory practice for an employer to: (i) refuse to hire or employ; (ii) bar or discharge from employment, or (iii) discriminate against an individual on the basis of gender identity in compensation or in the terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification. Employers are further prohibited from publishing, circulating, or utilizing any statement, advertisement, publication, or application in connection with employment that expresses (either directly or indirectly) any limitation, specification, or discrimination on the basis of gender identity, unless again based upon a bona fide occupational qualification.

Additionally, labor organizations will be prohibited from excluding or expelling from membership or otherwise discriminating against an individual on the basis of the person's gender identity, unless based upon a bona fide occupational qualification.

Coverage: Employers with employees in New Hampshire.

Effective: July 8, 2018

Action Required: Employers should review and, if necessary, revise their policies and employee handbooks to ensure that gender identity is included amongst the protections against discrimination and harassment.

As always, please be sure to contact your HR Business Partner if you have any questions.


Disclaimer: This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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