New Hampshire

Equal Employment Opportunity Commission v. Murphy Oil USA, Inc. in New Hampshire Law

How Equal Employment Opportunity Commission v. Murphy Oil USA, Inc. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Civil Rights.

State Approach

New Hampshire's approach to the principles established in Murphy Oil emphasizes the enforceability of arbitration agreements in employment settings, mirroring the federal stance under the Federal Arbitration Act. The state law balances the interests of employers and employees while safeguarding against harassment and discrimination claims.

State Rule
In New Hampshire, employers can enforce arbitration agreements for disputes related to employment discrimination claims, provided the agreements are entered into voluntarily and do not waive rights protected under state law.
Significant State Cases

Boulianne v. New England Ice Cream Corp.

The New Hampshire Supreme Court upheld an arbitration agreement, affirming that employees must be aware of the agreement and its implications on their rights.

Bennett v. S-3, Inc.

The court ruled that mandatory arbitration clauses cannot prevent employees from pursuing claims for violations of public policy, further delineating the limits of enforcement.

DeMar v. New Hampshire Department of Corrections

In this case, the court emphasized that arbitration agreements must be fair and cannot impose an undue burden on employees claiming discrimination.

Comparison to Federal Law

New Hampshire's application of arbitration in employment discrimination mirrors the federal standard set by Murphy Oil, focusing on the enforceability of arbitration agreements. However, New Hampshire law adds protections ensuring that claims based on public policy cannot be waived, differentiating its approach from purely federal interpretations.

Bar Exam Note

Understanding the implications of Murphy Oil is essential for the New Hampshire bar exam, particularly regarding employment law and arbitration agreements in civil rights cases.

Practice Pointers
  • Always verify that arbitration agreements are clear and mutual to avoid enforceability issues.
  • Be aware of public policy limitations that may affect the applicability of arbitration clauses.
  • Consider whether the employee had a meaningful opportunity to negotiate the terms of any arbitration agreement.

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