New Hampshire
How Faragher v. City of Boca Raton applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Employment Discrimination.
New Hampshire law mirrors the principles established in Faragher v. City of Boca Raton, emphasizing employer liability for sexual harassment in the workplace. The state recognizes a framework where an employer can be held liable for the actions of its employees under certain conditions as outlined by federal standards.
In New Hampshire, employers can be held liable for sexual harassment under the New Hampshire Law Against Discrimination (NHLAD) if the harassment is committed by a supervisor and is accompanied by a tangible employment action, or if it creates a hostile work environment that the employer fails to remedy.
The court held that an employer is liable for hostile work environment harassment that it knew about and failed to take appropriate action.
The ruling affirmed that an employer's inaction in addressing harassment contributes to liability under the NHLAD.
The court determined that the effectiveness of an employer’s anti-harassment policy is crucial to defend against liability claims.
New Hampshire's approach aligns closely with the federal standard set by Faragher, emphasizing both supervisory harassment and the necessity of a prompt remedial response. However, state law may provide broader protections under the NHLAD, including a lower threshold for demonstrating hostile work environment claims.
Employment discrimination, including the principles from Faragher, is a significant topic on the New Hampshire bar exam, particularly in relation to understanding employer liabilities and defenses under state and federal law.