New Hampshire — Workplace Discrimination

New Hampshire's Law Against Discrimination (RSA Chapter 354-A) makes it unlawful for an employer to refuse to hire, discharge, or discriminate in compensation or terms and conditions of employment because of an individual's age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, or national origin, unless based on a bona fide occupational qualification. The statute separately provides that no person shall be denied the rights afforded by the law on account of sexual orientation. Sexual harassment constitutes unlawful sex discrimination under the statute.

Source: N.H. Rev. Stat. Ann. § 354-A:7

New Hampshire's Law Against Discrimination (RSA Chapter 354-A) applies to employers with six or more persons in their employ. An employer's spouse, parent, or child do not count toward the six-employee minimum. This threshold is lower than the 15-employee federal floor under Title VII of the Civil Rights Act of 1964, bringing more employers within the scope of state anti-discrimination protections.

Source: N.H. Rev. Stat. Ann. § 354-A:2

Employees who believe they have been subjected to unlawful discrimination under RSA Chapter 354-A must file a complaint with the New Hampshire Commission for Human Rights (NHCHR), the state agency charged with enforcement and education under the Law Against Discrimination. The Commission investigates complaints alleging unlawful discrimination in employment, housing, public accommodations, and K-12 public schools based on the protected characteristics enumerated in RSA 354-A.

Filing deadline. Any complaint filed by an aggrieved person must be filed within 180 days after the alleged act of discrimination under RSA 354-A:21, III. This 180-day statute of limitations is shorter than the federal filing deadlines under Title VII and other federal anti-discrimination statutes, which typically allow 300 days in states with a work-sharing agreement between the state agency and the EEOC. The 180-day period runs from the date of the discriminatory act—for example, the termination date, the day a promotion was denied, or the date of a harassing incident. Missing the 180-day state deadline does not necessarily bar relief; if the employer has 15 or more employees and is therefore covered by Title VII, the NHCHR automatically dual-files charges with the EEOC, and federal claims may be asserted within 300 days of the discrimination under federal law.

Dual filing with the EEOC. The NHCHR and the EEOC maintain a work-sharing agreement. For employers with more than 15 employees—bringing them within Title VII's coverage threshold—the Commission automatically dual-files the charge of discrimination with the EEOC. This allows employees to preserve both state and federal claims with a single filing at the NHCHR. Employers with six to fourteen employees fall within New Hampshire's anti-discrimination coverage (the state's threshold is six employees, per RSA 354-A:2) but not Title VII's fifteen-employee minimum, so claims against those employers proceed under state law alone.

No filing fee; attorney not required. The NHCHR drafts and dockets charges of discrimination at no cost. An attorney is not required to participate in the Commission's process, though counsel may be retained at any time. The Commission acts as a neutral fact-finder and does not provide legal advice to complainants or respondents.

Choice of forum after 180 days. Under RSA 354-A:21-a, a complainant may elect to remove the case to superior court and pursue a civil action for damages or injunctive relief after 180 days from the filing of the complaint with the Commission (or sooner if the Commission consents in writing), but not later than three years after the alleged unlawful practice occurred. Either party is entitled to a jury trial on any issue of fact in an action for damages in superior court. If a party elects to file in superior court under this provision, they are barred from bringing any subsequent complaint before the Commission based on the same alleged unlawful conduct.

Source: N.H. Rev. Stat. Ann. § 354-A:21, III Source: N.H. Rev. Stat. Ann. § 354-A:21-a Source: New Hampshire Commission for Human Rights — Complaint FAQs