New Hampshire

Civil Rights Act of 1991 in New Hampshire Law

How Civil Rights Act of 1991 applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Employment Law.

State Approach

New Hampshire law mirrors the federal standards set forth by the Civil Rights Act of 1991, particularly in the areas of discrimination and damages. The New Hampshire Commission for Human Rights enforces similar principles to ensure that employment practices are free from discrimination.

State Rule
In New Hampshire, employment discrimination cases are governed by RSA 354-A, which prohibits discrimination in employment based on race, color, religion, sex, disability, and sexual orientation, reflecting the anti-discrimination principles established by the Civil Rights Act of 1991.
Significant State Cases

Baker v. New Hampshire Department of Corrections

The court ruled that the employer's failure to accommodate an employee's disability constituted discrimination under RSA 354-A.

LeBlanc v. New Hampshire Office of the Attorney General

The court found that evidence of retaliatory behavior in response to a discrimination complaint violated both state and federal law.

Perry v. New Hampshire Department of Health and Human Services

The court held that discrimination based on sexual orientation is actionable under state law, aligning with the protections afforded by the Civil Rights Act.

Comparison to Federal Law

New Hampshire's employment discrimination laws encapsulate the protections outlined in the Civil Rights Act of 1991 while sometimes extending them by encompassing additional categories, such as sexual orientation. Unlike federal law, which may require proof of motive, New Hampshire's approach may focus more extensively on the impact of employment practices on affected employees.

Bar Exam Note

Understanding the nuances of the Civil Rights Act of 1991 in conjunction with New Hampshire law is vital for the bar exam, especially regarding state-specific protections against employment discrimination.

Practice Pointers
  • Familiarize yourself with RSA 354-A and its provisions to effectively identify cases of discrimination in employment.
  • Keep abreast of both federal and state updates regarding employment law to ensure compliance and effective legal practice.
  • Prepare arguments based on both state and federal laws during litigation to leverage any potential advantages in discrimination cases.

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