New Hampshire

Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores in New Hampshire Law

How Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Civil Rights.

State Approach

New Hampshire law aligns closely with federal law in prohibiting employment discrimination, including religious discrimination. The state emphasizes an obligation for employers to accommodate employees' sincerely held religious beliefs unless doing so would create an undue hardship.

State Rule
Under New Hampshire RSA 354-A, employers are required to provide reasonable accommodations for employees' religious practices unless it creates an undue hardship.
Significant State Cases

Wear v. New Hampshire Department of Corrections

The court held that the employer failed to provide reasonable accommodations for the employee's religious practices, violating RSA 354-A.

Gibbons v. State

The court found that the state's failure to accommodate an employee's religious observance constituted discrimination under state law.

Isola v. New Hampshire Fish and Game Commission

In this case, the commission was found liable for not accommodating an employee's religious schedule, reinforcing the principle of reasonable accommodation.

Comparison to Federal Law

New Hampshire's approach is largely consistent with federal standards set forth by Title VII of the Civil Rights Act, which also mandates reasonable accommodations for religious practices. However, New Hampshire's law may provide more explicit protections and a broader definition of religious belief.

Bar Exam Note

Candidates should be aware of New Hampshire’s specific laws regarding religious discrimination and accommodations as they may appear in the New Hampshire bar exam.

Practice Pointers
  • Understand the distinction between contractual obligations and civil rights protections concerning employment.
  • Familiarize yourself with specific cases in New Hampshire that illustrate the application of RSA 354-A on religious accommodations.
  • Keep abreast of any updates or changes to state law that impact employment discrimination.

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