New Hampshire

Faragher v. Boca Raton in New Hampshire Law

How Faragher v. Boca Raton applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Labor Law.

State Approach

New Hampshire follows federal precedent concerning hostile work environment claims, heavily influenced by the rulings in Faragher v. Boca Raton. The state enforces strict liability for employers when harassment occurs by a supervisor, mirroring federal guidelines.

State Rule
Under New Hampshire law, employers can be held strictly liable for hostile work environment harassment by supervisors, aligning with the principles established in Faragher v. Boca Raton.
Significant State Cases

Bourque v. McCool

The court affirmed that employers are liable for the discriminatory actions of their supervisory employees when those actions create a hostile work environment.

Tessier v. Village of Salem

The court ruled that an employer's failure to take appropriate action in response to known harassment constituted a violation of the plaintiff's rights.

Keenan v. City of Concord

The court upheld that immediate corrective action must be taken by employers upon notice of harassment to avoid liability.

Comparison to Federal Law

New Hampshire's approach is consistent with federal standards established in Faragher, maintaining the requirement for employers to address harassment proactively. However, New Hampshire law emphasizes the obligation of employers to have clear reporting policies and training in place.

Bar Exam Note

Understanding the application of the Faragher standards is crucial for the New Hampshire bar exam, especially in the labor law section, as it directly impacts employer liability in hostile work environment claims.

Practice Pointers
  • Always assess whether the alleged harasser holds a supervisory position, as this affects the standard of employer liability.
  • Encourage employers to implement comprehensive training programs on harassment prevention.
  • Ensure that employers have clear, accessible reporting procedures for employees to report harassment.

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