New Hampshire
How Alexander v. Gardner-Denver Co. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
In New Hampshire, the principles from Alexander v. Gardner-Denver Co. are recognized, emphasizing that arbitration agreements do not preclude employees from seeking remedies under state and federal discrimination laws. The state encourages employees to pursue their rights without being bound exclusively to arbitration processes.
Under New Hampshire law, an employee can pursue employment discrimination claims in state court regardless of any arbitration agreement if the claims are based on statutory protections.
The court reaffirmed that statutory rights under New Hampshire's discrimination laws are not waived by an agreement to arbitrate.
The ruling highlighted that arbitration provisions cannot preclude an individual from pursuing statutory claims for workplace discrimination.
The court found that an arbitration clause was unenforceable regarding claims of discrimination and retaliation under state law.
New Hampshire's approach aligns with the federal standard set forth in Alexander v. Gardner-Denver Co. However, the state further emphasizes the autonomy of employees to choose between arbitration and litigation, which may offer stronger protections than some interpretations of federal law, which can impose limits on statutory claims in arbitration contexts.
Understanding the implications of Alexander v. Gardner-Denver Co. is critical for New Hampshire bar exam candidates, particularly in the context of employment law and the enforceability of arbitration agreements.