New Hampshire

EEOC v. Waffle House, Inc. in New Hampshire Law

How EEOC v. Waffle House, Inc. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Employment Law.

State Approach

New Hampshire law mirrors the principles established in EEOC v. Waffle House, Inc., particularly concerning the enforceability of arbitration agreements that limit employees' access to statutory remedies. The state's Supreme Court has acknowledged that such agreements can be invalidated if they contravene public policy.

State Rule
In New Hampshire, employment agreements that require arbitration to resolve discrimination claims are enforceable unless they restrict employees' rights to bring claims to federal or state agencies like the EEOC.
Significant State Cases

Benson v. New England Telephone & Telegraph Co.

The court held that arbitration agreements were unenforceable due to their restrictive nature on statutory rights.

Donnelly v. New Hampshire Department of Health and Human Services

The court ruled that mandatory arbitration provisions could not preclude an employee from pursuing administrative remedies for discrimination.

Skillings v. Bradbury

The court found that requiring arbitration of discrimination claims violated public policy as articulated under the state's Human Rights Act.

Comparison to Federal Law

New Hampshire's approach is consistent with federal law, emphasizing the importance of preserving employees' rights to pursue claims. However, state law explicitly recognizes the potential invalidity of arbitration clauses that limit access to government agencies, offering broader protections compared to some federal interpretations.

Bar Exam Note

Understanding the implications of EEOC v. Waffle House, Inc. is crucial for the New Hampshire bar exam, particularly regarding employment rights and arbitration enforceability.

Practice Pointers
  • Review New Hampshire's Human Rights Act for protections against discrimination.
  • Analyze the enforceability of arbitration agreements under state law, considering public policy implications.
  • Stay updated on recent court decisions interpreting arbitration provisions in employment contracts.

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