New Hampshire
How Bostock v. Clayton County applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Other.
New Hampshire law recognizes and protects individuals from employment discrimination based on sexual orientation and gender identity through its state statutes. The principles established in Bostock, which interpret Title VII of the Civil Rights Act to include sexual orientation and gender identity, align closely with New Hampshire's Human Rights Commission's interpretation of discrimination.
Under New Hampshire RSA 354-A, discrimination in employment on the basis of sexual orientation or gender identity is prohibited.
The New Hampshire Supreme Court expanded the protections against discrimination, affirming that sexual orientation is a protected class under RSA 354-A.
The court reinforced that gender identity is entitled to the same protections as sexual orientation within the context of state law.
The court ruled that workplace harassment based on a person’s gender identity constitutes discrimination under RSA 354-A.
New Hampshire’s approach to discrimination aligns closely with the federal standard established in Bostock, as both recognize sexual orientation and gender identity as protected classes against discrimination in the workplace. However, New Hampshire's statutory framework may provide broader protections than federal law, emphasizing state-specific rights.
Understanding the implications of Bostock in relation to New Hampshire's Human Rights Commission is essential for the New Hampshire bar exam, particularly in employment law topics.