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Discrimination | Housing | New Hampshire

Does New Hampshire have an anti-discrimination law protecting gay, lesbian, and bisexual individuals from discrimination in housing?

Yes. New Hampshire’s law banning sexual orientation discrimination in employment, public accommodations and housing has been in effect since January 1, 1998 

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Does the law protect transgender people in housing?

Yes, on June 8, 2018 Governor Chris Sununu signed into law House Bill 1319, AN ACT prohibiting discrimination on the basis of gender identity, which banned discrimination in employment, public accommodations and housing based on gender identity. The law went into effect on July 8, 2018. The law amends NH RSA 354-A by adding “gender identity” to the list of protected characteristics. With the passage of this law, New Hampshire joins the other five New England states in banning transgender discrimination.

In the law, gender identity “means a person’s gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person’s core identity provided, however, that gender-related identity shall not be asserted for any improper purpose.”

Does the law protect people perceived as being gay, lesbian, and bisexual in housing?

Yes. New Hampshire non-discrimination law defines “sexual orientation” as “having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality” (NH RSA 354-A:2, XIV-c). While the courts have not ruled on the meaning of the “perceived” language, it should mean that if a person is fired because they are perceived to be gay, they may invoke the protection of the anti-discrimination law regardless of their actual orientation.

What is prohibited by the housing anti-discrimination law in New Hampshire?

The housing laws are intended to prohibit discrimination by those engaged in most aspects of the housing business, including listing, buying, selling, renting, or financing housing or commercial structures, whether for profit or not (NH RSA 354-A:10). Most often, these claims involve a refusal by an owner, landlord, or real estate broker to sell, lease, or even negotiate with a person about the housing they desire to obtain. But other practices are forbidden, too, such as:

1. misrepresenting the unavailability of a dwelling or commercial structure (A:10, IV);
2. discriminating against a person in the terms, conditions, or privilege of a sale or rental because of their sexual orientation (A:10, II);
3. printing or circulating discriminatory notices or advertisements (A:10, III);
4. evicting a tenant solely on the ground that they have AIDS or are regarded as having AIDS (A:10, VI); and
5. making mortgage and real estate loans on a discriminatory basis (A:10, VII), e. a form of credit protection.

There are several exemptions to the housing laws:

1. A homeowner who owns only one single family home may discriminate in selling or renting the home so long as they do not use the services of any broker (or like person), and do not circulate any discriminatory ads or notices (NH RSA 354-A:13, I-a);
2. An owner who lives in a 3-family, 2-family, or 1-family unit may discriminate when renting out the other units (NH RSA 354-A:13, I-b);
3. An owner who lives in a building with 5 rooms or less may discriminate in renting out the other rooms (NH RSA 354-A:13, I-c);
4. Religious organizations and organizations supervised by religious organizations which do not rent or sell for profit may give preference to persons of their same religion (with some exceptions) (NH RSA 354-A:13, II);
5. Private clubs which provide non-for-profit lodging for their members may give preference to members, or limit occupancy to members-only (NH RSA 354-A:13, III).

How do I file a complaint of discrimination?

You may contact the Commission either by telephone, or in writing by using an Intake Questionnaire form. Neither being interviewed nor filling out the questionnaire automatically creates a formal charge of discrimination. You will be contacted by the Commission regarding the filing of a formal charge if your situation comes under our jurisdiction.

If your issue involves a claim of housing or commercial property, you may either,

Fill out the Housing & Commercial Property Intake Questionnaire at https://www.nh.gov/hrc/documents/housing.pdf, You may then email the form directly to humanrights@hrc.nh.gov or print it and mail to the Commission at the address below,

or

call the Commission @ 603.271.2767 (or TDD ACCESS: Relay NH 1.800.735.2964) to speak with an intake investigator.

Intake Questionnaire Mailing Address:

Intake Department
NH Commission for Human Rights
2 Industrial Park Drive
Concord, NH 03301

Once the Intake Questionnaire is filed, a CHR investigator will decide whether you have the basis to file a formal charge.

Do I need a lawyer?

No. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout the process. Not only are there many legal rules governing the CHR process, but landlords and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must be filed with the CHR within 180 days of the discriminatory act or acts (NH RSA 354-A:21, III). There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.

What happens after a complaint is filed with the CHR?

The CHR assigns an investigator to conduct an impartial investigation of the charges. The investigator may send out written questions (interrogatories) to be answered under oath, or request documents from either party. If the case is not dismissed for technical reasons, an assigned Commissioner will consult the investigator’s final report and decide if there is probable cause to credit your allegations.

If probable cause is found, the case will be sent for “conciliation”, or settlement proceedings. If negotiations fail to produce a settlement agreeable to all parties, the CHR will schedule a public hearing before three Commissioners. You can choose to be represented at this hearing by a private attorney or a lawyer for the CHR (See generally NH RSA 354-A:21). After the hearing, the Commission will issue a decision either finding in your favor and ordering appropriate relief, or finding in favor of the responding party and dismissing the charge. Either one of you can appeal the Commission’s decision to the Superior Court.

If the CHR does not find probable cause, you may also appeal to the Superior Court. In order to be successful, your appeal must show that the CHR’s decision is either unlawful or unreasonable by a clear preponderance of the evidence (NH RSA 354-A:21, II-a).

What legal remedies can the CHR order if I win my case?

In all types of cases, the Commission may order the respondent to cease and desist the unlawful conduct. The CHR may impose an administrative fine, payable to the State, of up to $50,000, depending on how many past offenses the respondent has committed (NH RSA 354-A:21, II-d).

Note that if your complaint is dismissed and deemed frivolous, the defendant may seek to collect reasonable costs and attorney’s fees from you (NH RSA 354-A:21 II-f).

Can I file more than one type of discrimination complaint at once, for example, if I believe I was evicted both because I am a lesbian and Latina?

Yes. New Hampshire’s housing non-discrimination laws forbid discriminating against someone because of sexual orientation or gender identity as well as age, sex, race, color, marital status, physical or mental disability, religious creed, or national origin and familial status” (NH RSA 354-A:10).

Can I also file a discrimination complaint with a federal agency? 

Yes. Persons who identify as LGBTQ and believe they have experienced housing discrimination because of their actual or perceived sexual orientation or gender identity can assert their rights under the Fair Housing Act by filing a complaint with the U.S. Department of Housing and Urban Development (HUD). You can find more detailed information about the protections HUD provides to LGBTQ people here: Housing Discrimination and Persons Identifying as Lesbian, Gay, Bisexual, Transgender, and/or Queer/Questioning (LGBTQ)

There is information about filing a housing discrimination complaint with HUD here: File a Complaint – Main Page | HUD.gov / US Department of Housing and Urban Development (HUD).

The form for submitting a complaint can be found here: https://www.hud.gov/sites/documents/DOC_12150.PDF. 

HUD views LGBTQ discrimination as a form of “sex” discrimination, so if you have a sexual orientation or gender identity complaint, you should indicate “sex” as the discrimination factor.

A HUD complaint must be filed within one year of the last act of discrimination.  The statute of limitations for bringing fair housing complaints in federal courts is not later than two years after the occurrence or the termination of an alleged discriminatory housing practice.   However, if an administrative case is filed with HUD, the statute of limitations is tolled during the period of time in which HUD is evaluating the complaint.  In English, what that means is that the time HUD has the case does not count when calculating the two year statute of limitations.

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the CHR, EEOC, or both, a person may decide to remove their discrimination case from those agencies and file the case in court. There are rules about when and how this must be done. When claims of discrimination based on state law are removed from the CHR and filed in state superior court, either party may request a jury trial and the court may order the same relief as would the CHR.42 Similarly, once the CHR process is complete, either party may ask a court to review the Commission’s decision (NH RSA 354-A:22, I).

In addition, you may wish to file a court case to address other claims which cannot be appropriately handled by discrimination agencies. For example, if you are fired in violation of a contract, fired without the progressive discipline promised in a handbook, or fired for doing something the employer doesn’t like but which the law requires, these matters are beyond the scope of what the agencies can investigate and instead the matter should be pursued in court. Similarly, if your claim involves a violation of constitutional rights—for instance, if you are a teacher or governmental employee who believes your free speech or equal protection rights were violated—then those matters must also be heard in court.

What can I do if my landlord evicts me for filing a complaint of discrimination?

It is a civil rights violation to coerce, intimidate, threaten, or interfere with any person who files a housing discrimination complaint. (NH RSA 354-A:14)

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-4523 (GLAD) to discuss options.

As a general matter, people who are still residing under discriminatory conditions have to evaluate how filing a case will affect their housing, and if they are willing to assume those possible consequences. Of course, even if a person has been evicted, they may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information and advice to make an informed decision.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). Bring a copy of your lease, along with any notices and letters you have received from your landlord. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the CHR complaint process see: New Hampshire Commission for Human Rights

For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.

For information about the HUD complaint process see:

Learn About the FHEO Complaint and Investigation Process | HUD.gov / US Department of Housing and Urban Development (HUD)

Discrimination | Employment | New Hampshire

Does New Hampshire have an anti-discrimination law protecting gay, lesbian, and bisexual individuals from discrimination in employment?

Yes. New Hampshire’s law banning sexual orientation discrimination in employment, public accommodations and housing has been in effect since January 1, 1998. 

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD

Does the law protect transgender people in employment?

Yes, on June 8, 2018 Governor Chris Sununu signed into law House Bill 1319, AN ACT prohibiting discrimination on the basis of gender identity, which banned discrimination in employment, public accommodations and housing based on gender identity. The law went into effect on July 8, 2018. The law amends NH RSA 354-A by adding “gender identity” to the list of protected characteristics. With the passage of this law, New Hampshire joins the other five New England states in banning transgender discrimination.

In the law, gender identity “means a person’s gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person’s core identity provided, however, that gender-related identity shall not be asserted for any improper purpose.”

Does the law protect people perceived as being gay, lesbian, and bisexual in employment?

Yes. New Hampshire non-discrimination law defines “sexual orientation” as “having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality” (NH RSA 354-A:2, XIV-c). While the courts have not ruled on the meaning of the “perceived” language, it should mean that if a person is fired because they are perceived to be gay, they may invoke the protection of the anti-discrimination law regardless of their actual orientation.

What does employment anti-discrimination law forbid? To whom does the law apply?

New Hampshire’s employment anti-discrimination law applies to public or private employers who have at least 6 employees. It forbids employers from refusing to hire a person, or discharging them, or discriminating against them “in compensation, or in terms, conditions or privileges of employment” because of sexual orientation (NH RSA 354-A:7, I). This covers most significant job actions, such as hiring, firing, failure to promote, demotion, excessive discipline, harassment, and different treatment of the employee and similarly situated co-workers. The law also applies to labor organizations (e.g. unions) and employment agencies (NH RSA 354-A:7, II, III).

New Hampshire State Division of Personnel also has an equal employment opportunity program which ensures that the state employs qualified people regardless of gender identity or sexual orientation (NH RSA 21-I:42, XVI). Moreover, the State is forbidden from discriminating in the classified service with respect to gender identity or sexual orientation (NH RSA 21-I:52, I).

As broad as the law is, there are several exemptions:

• The law does not apply to employers with fewer than 6 employees. An employer’s spouse, parent, or child do not count as employees (NH RSA 354-A:2, VI, VII).
• The law does not apply to a non-profit exclusively social club or a non-profit fraternal or religious association or corporations (NH RSA 354-A:2, VII).
• Any employer, agency, or labor organization may defend against a discrimination claim by arguing that it is a “bona fide occupational qualification” of the job in question to have a non-LGBTQ+ employee fill it (NH RSA 354-A:7, I, II, III). Luckily, although this defense is allowed by law, it is strictly applied and very rarely successful (See, e.g., Sarni Original Dry Cleaners, Inc. v. Cooke, 388 Mass. 611, 447 N.E.2d 1228 (1983)).

Does New Hampshire law forbid sexual harassment?

Yes, New Hampshire law expressly forbids sexual harassment. The law defines sexual harassment as:

Unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature constitutes sexual harassment when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, or offensive working environment (NH RSA 354-A:7, V).

Does this law protect LGBTQ+ individuals?

Yes. It is just as unlawful to sexually harass an LGBTQ+ individual as it is to harass anyone else. Some harassment is specifically anti-gay and may be more fairly characterized as harassment on the basis of sexual orientation. Other harassment is sexual in nature and more appropriately categorized as “sexual harassment.” Both types of harassment can happen to the same person, and both are forbidden.

The United States Supreme Court and other federal courts have found same-sex sexual harassment to violate sexual harassment laws (Compare Oncale v. Sundowner Offshore Services, 523 U.S. 75, 118 S.Ct. 998 (1998) (man can sue for sexual harassment by other men under federal sexual harassment laws); Drew v. First Sav. of N.H., 968 F. Supp. 762 (D.N.H. 1997) (acknowledging claim under federal law which failed on the facts presented); King v. Town of Hanover, 959 F.Supp. 62 (D.N.H. 1996) (acknowledging claim under federal law)). Several state courts have reached the same result under their state non-discrimination laws (Melnychenko v. 84 Lumber Co., 424 Mass. 285, 676 N.E.2d 45 (1997)).

How do I file a complaint of discrimination?

You may contact the Commission either by telephone, or in writing by using an Intake Questionnaire form. Neither being interviewed nor filling out the questionnaire automatically creates a formal charge of discrimination. You will be contacted by the Commission regarding the filing of a formal charge if your situation comes under our jurisdiction.

If your issue involves a claim of employment discrimination or discrimination in hiring, you may either,

Fill out the Employment Discrimination Intake Questionnaire form at CONFIDENTIAL SENDING THIS QUESTIONNAIRE IS NOT SUBMITTING A CHARGE, You may then email the form directly to humanrights@hrc.nh.gov or print it and mail to the Commission at the address below;

or

call the Commission @ 603.271.2767 (or TDD ACCESS: Relay NH 1.800.735.2964) to speak with an intake investigator.

Intake Questionnaire Mailing Address:

Intake Department
NH Commission for Human Rights
2 Industrial Park Drive
Concord, NH 03301

Once the Intake Questionnaire is filed, a CHR investigator will decide whether you have the basis to file a formal charge.

Do I need a lawyer?

No. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout the process. Not only are there many legal rules governing the CHR process, but employers and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must be filed with the CHR within 180 days of the discriminatory act or acts (NH RSA 354-A:21, III). Under certain circumstances, a charge may be filed within 300 days of the discrimination, but the New Hampshire Commission for Human Rights must be contacted immediately. If you are beyond 180 days, contact the Commission immediately to find out if you have the basis to file a timely charge. GLAD encourages people to move promptly in filing claims.

What happens after a complaint is filed with the CHR?

The CHR assigns an investigator to conduct an impartial investigation of the charges. The investigator may send out written questions (interrogatories) to be answered under oath, or request documents from either party. If the case is not dismissed for technical reasons, an assigned Commissioner will consult the investigator’s final report and decide if there is probable cause to credit your allegations.

If probable cause is found, the case will be sent for “conciliation,” or settlement proceedings. If negotiations fail to produce a settlement agreeable to all parties, the CHR will schedule a public hearing before three Commissioners. You can choose to be represented at this hearing by a private attorney or a lawyer for the CHR (See generally NH RSA 354-A:21). After the hearing, the Commission will issue a decision either finding in your favor and ordering appropriate relief or finding in favor of the responding party and dismissing the charge. Either one of you can appeal the Commission’s decision to the Superior Court.

If the CHR does not find probable cause, you may also appeal to the Superior Court. In order to be successful, your appeal must show that the CHR’s decision is either unlawful or unreasonable by a clear preponderance of the evidence (NH RSA 354-A:21, II-a).

What legal remedies can the CHR order if I win my case?

In all types of cases, the Commission may order the respondent to cease and desist the unlawful conduct. The CHR may also order a respondent to do something affirmatively, such as hire, reinstate, or upgrade an employee or restore a person to a labor organization. Employees may also receive back pay, and all victims of discrimination are eligible for compensatory damages, including emotional distress damages. Finally, the CHR may impose an administrative fine, payable to the State, of up to $50,000, depending on how many past offenses the respondent has committed (NH RSA 354-A:21, II-d).

Note that if your complaint is dismissed and deemed frivolous, the defendant may seek to collect reasonable costs and attorney’s fees from you (NH RSA 354-A:21 II-f).

Can I file more than one type of discrimination complaint at once, for example, if I believe I was fired both because I am a lesbian and Latina?

Yes. New Hampshire’s employment non-discrimination laws forbid discriminating against someone because of gender identity or sexual orientation as well as age, sex, race, color, marital status, physical or mental disability, religious creed, or national origin (NH RSA 354-A:7).

Can I also file a discrimination complaint with a federal agency?

Yes. Federal employment non-discrimination law, called Title VII, applies to employers with at least 15 employees. 

Someone who brings a claim of discrimination may sometimes pursue protections under both state and federal law. This is true because there may be overlapping provisions of state and federal law. For example, Title VII forbids employment discrimination based on race, sex, age, religion, and disability (which includes HIV status), but does not expressly forbid discrimination based on “sexual orientation” or “gender identity.”

However, in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020, see: 17-1618 Bostock v. Clayton County (06/15/2020), the Supreme Court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on discrimination because of sex. For more information on how the EEOC enforces discrimination against LGBTQ+ employees, see: Sexual Orientation and Gender Identity (SOGI) Discrimination | US Equal Employment Opportunity Commission.

GLAD recommends that, where there may be overlapping state and federal jurisdiction, you explore filing with CHR first but keep in mind the possibility of pursuing a federal claim as well. If you have a sexual orientation or gender identity complaint, you should check off “sex” as well as “sexual orientation” or “gender identity” as the bases for your claim and request that CHR cross-file your complaint with the EEOC.

Federal complaints must be filed within 180 days of the discriminatory act with the Equal Employment Opportunity Commission (EEOC). However, if you initially institute your complaint with CHR and indicate that you wish to have the complaint cross-filed with the EEOC, then the time limit is extended to the earlier of 300 days or 30 days after CHR has terminated the case (34 United States Code 42 sec. 2000e-5(e)(1)). Because CHR has a statute of limitations of 180 days, even if you are cross-filing with the EEOC, you should file your complaint within the 180-day time period. (People who work for federal agencies are beyond the scope of this publication.)

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

Union: If you are a member of a union, your contract (collective bargaining agreement) may provide additional rights to you in the event of discipline, discharge, or other job-related actions. In fact, if you obtain relief under your contract, you may decide not to pursue other remedies. Get and read a copy of your contract and contact a union steward about filing a complaint. Deadlines in contracts are strict. Bear in mind that if your union refuses to assist you with a complaint, you may have a discrimination action against them for their failure to work with you, or for failure of duty of fair representation.

State or Federal Court: After filing with the CHR, EEOC, or both, a person may decide to remove their discrimination case from those agencies and file the case in court. There are rules about when and how this must be done. When claims of discrimination based on state law are removed from the CHR and filed in state superior court, either party may request a jury trial and the court may order the same relief as would the CHR (NH RSA 354-A:21-a). Similarly, once the CHR process is complete, either party may ask a court to review the Commission’s decision (NH RSA 354-A:22, I).

In addition, you may wish to file a court case to address other claims which cannot be appropriately handled by discrimination agencies. For example, if you are fired in violation of a contract, fired without the progressive discipline promised in a handbook, or fired for doing something the employer doesn’t like but which the law requires, these matters are beyond the scope of what the agencies can investigate and instead the matter should be pursued in court. Similarly, if your claim involves a violation of constitutional rights—for instance, if you are a teacher or governmental employee who believes your free speech or equal protection rights were violated—then those matters must also be heard in court.

What can I do if my employer fires for filing a complaint of discrimination?

It is illegal for your employer to retaliate or punish you because you filed a complaint. If they do so, you can file an additional complaint against them for retaliation. “Retaliation” protections cover those who oppose unlawful conduct, who have filed a complaint, testified, or assisted in any proceeding (NH RSA 354-A:19. See also Provencher v. CVS Pharmacy, 145 F.3d 5 (1st Cir. 1998) (upholding federal retaliation claim of gay man)).

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 1-800-455-4523 (GLAD) to discuss options.

As a general matter, people who are still working under discriminatory conditions have to evaluate how filing a case will affect their job, and if they are willing to assume those possible consequences. Of course, even if a person has been fired, they may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information and advice to make an informed decision.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). It is also helpful to have a list of witnesses and other possible victims of discrimination. Try to have on hand copies of your employee handbooks or personnel manuals, as well as any contracts, job evaluations, memos, discharge letters and the like. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the CHR complaint process see: New Hampshire Commission for Human Rights

For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.

For more information about filing an EEOC discrimination complaint see: How to File a Charge of Employment Discrimination.

Discrimination | Credit, Lending & Services | New Hampshire

Does New Hampshire have an anti-discrimination law protecting gay, lesbian, bisexual and transgender individuals from discrimination in credit, lending and services?

No. New Hampshire’s anti-discrimination laws only prohibit discrimination in employment, public accommodations and housing (see: New Hampshire Statutes – Table of Contents). 

Does New Hampshire have a process to file a complaint concerning credit, lending and services?

Yes, depending on the nature of the complaint, there are several New Hampshire state agencies where you can file a complaint.

• New Hampshire Banking Department: For information about how to file a complaint, see: Instructions | Consumer Assistance | New Hampshire Banking Department
• New Hampshire Department of Justice Office of the Attorney General Consumer Protection Bureau: For information about how to file a complaint, see: Consumer Protection BureauConsumer Complaints 

Discrimination | Public Accommodations | New Hampshire

What is a “place of public accommodation”?

A place of public accommodation is a place that caters or offers its services, facilities, or goods to the general public (NH RSA 354-A:2, XIV). This definition is intentionally broad and includes motels, restaurants, rest areas, highways and hospitals.

Does New Hampshire have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in places of public accommodation?

Yes. New Hampshire’s law banning sexual orientation discrimination in employment, public accommodations and housing has been in effect since January 1, 1998 (see Norma Love, “Senate Passes Gay Civil Rights; Shaheen to Sign it,” Foster’s Daily Democrat, May 7, 1997).

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Does the law protect transgender people in places of public accommodation?

Yes, on June 8, 2018 Governor Chris Sununu signed into law House Bill 1319, An ACT prohibiting discrimination on the basis of gender identity, which banned discrimination in employment, public accommodations and housing based on gender identity. The law went into effect on July 8, 2018. The law amends NH RSA 354-A by adding “gender identity” to the list of protected characteristics. With the passage of this law, New Hampshire joins the other five New England states in banning transgender discrimination.

In the law, gender identity “means a person’s gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person’s core identity provided, however, that gender-related identity shall not be asserted for any improper purpose.”

Does the law protect people perceived as being gay, lesbian, and bisexual in places of public accommodation?

Yes. New Hampshire non-discrimination law defines “sexual orientation” as “having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality” (NH RSA 354-A:2, XIV-c). While the courts have not ruled on the meaning of the “perceived” language, it should mean that if a person is fired because they are perceived to be gay, they may invoke the protection of the anti-discrimination law regardless of their actual orientation.

What does the law say about discrimination in places of public accommodation?

Such places may not refuse, withhold, or deny use of accommodations, goods, or facilities because of a person’s sexual orientation (NH RSA 354-A:17). Unfortunately, New Hampshire has no anti-discrimination laws to protect transgender people.

How do I file a complaint of discrimination?

You may contact the Commission either by telephone, or in writing by using an Intake Questionnaire form. Neither being interviewed nor filling out the questionnaire automatically creates a formal charge of discrimination. You will be contacted by the Commission regarding the filing of a formal charge if your situation comes under our jurisdiction.

If your issue involves a claim of public accommodations, you may either:

Fill out the Public Accommodations Intake Questionnaire at https://www.nh.gov/hrc/documents/public.pdf, You may then email the form directly to humanrights@hrc.nh.gov or print it and mail to the Commission at the address below,

or

call the Commission @ 603.271.2767 (or TDD ACCESS: Relay NH 1.800.735.2964) to speak with an intake investigator.

Intake Questionnaire Mailing Address:

Intake Department
NH Commission for Human Rights
2 Industrial Park Drive
Concord, NH 03301

Once the Intake Questionnaire is filed, a CHR investigator will decide whether you have the basis to file a formal charge.

Do I need a lawyer?

No. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout the process. Not only are there many legal rules governing the CHR process, but defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must be filed with the CHR within 180 days of the discriminatory act or acts (NH RSA 354-A:21, III). There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.

What happens after a complaint is filed with the CHR?

The CHR assigns an investigator to conduct an impartial investigation of the charges. The investigator may send out written questions (interrogatories) to be answered under oath, or request documents from either party. If the case is not dismissed for technical reasons, an assigned Commissioner will consult the investigator’s final report and decide if there is probable cause to credit your allegations.

If probable cause is found, the case will be sent for “conciliation”, or settlement proceedings. If negotiations fail to produce a settlement agreeable to all parties, the CHR will schedule a public hearing before three Commissioners. You can choose to be represented at this hearing by a private attorney or a lawyer for the CHR (See generally NH RSA 354-A:21). After the hearing, the Commission will issue a decision either finding in your favor and ordering appropriate relief, or finding in favor of the responding party and dismissing the charge. Either one of you can appeal the Commission’s decision to the Superior Court.

If the CHR does not find probable cause, you may also appeal to the Superior Court. In order to be successful, your appeal must show that the CHR’s decision is either unlawful or unreasonable by a clear preponderance of the evidence (NH RSA 354-A:21, II-a).

What legal remedies can the CHR order if I win my case?

In all types of cases, the Commission may order the respondent to cease and desist the unlawful conduct. The CHR may also order a respondent to extend to a person the full advantages of a place of public accommodation. Finally, the CHR may impose an administrative fine, payable to the State, of up to $50,000, depending on how many past offenses the respondent has committed (NH RSA 354-A:21, II-d).

Note that if your complaint is dismissed and deemed frivolous, the defendant may seek to collect reasonable costs and attorney’s fees from you (NH RSA 354-A:21 II-f).

Can I file more than one type of discrimination complaint at once, for example, if I believe I was discriminated against because I am both a lesbian and Latina?

Yes. New Hampshire’s public accommodations non-discrimination laws forbid discriminating against someone because of sexual orientation or gender identity as well as age, sex, race, color, marital status, physical or mental disability, religious creed, or national origin” (NH RSA 354-A:17).

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the CHR, a person may decide to remove their discrimination case from those agencies and file the case in court. There are rules about when and how this must be done. When claims of discrimination based on state law are removed from the CHR and filed in state superior court, either party may request a jury trial and the court may order the same relief as would the CHR (NH RSA 354-A:21-a). Similarly, once the CHR process is complete, either party may ask a court to review the Commission’s decision (NH RSA 354-A:22, I).

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-4523 (GLAD) to discuss options.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). It is also helpful to have a list of witnesses and other possible victims of discrimination. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the CHR complaint process see: https://www.nh.gov/hrc/howto.html

For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.

Cases & Advocacy

To see Discrimination cases or advocacy which GLAD has been directly involved with in New Hampshire, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “New Hampshire.”

News & Press Releases

To see news and press releases about Discrimination in New Hampshire, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “New Hampshire.”

Violence & Harassment | Hate Crimes & Harassment | New Hampshire

Does New Hampshire have a hate crimes law?

Yes. New Hampshire has a law providing for increased criminal penalties for hate-motivated violence (NH RSA 651:6 I(f)). If a defendant was “substantially motivated to commit the crime because of hostility towards the victim’s religion, race, creed, sexual orientation… national origin, or sex,” penalties may be increased. The defendant must be notified of the possibility of an enhanced penalty prior to the trial.

Do other laws provide protection against hate-motivated violence?

Yes. New Hampshire law permits the Attorney General to bring a civil action against a hate-motivated perpetrator who subjects a victim to actual or threatened violence, actual or threatened trespass to property, or actual or threatened property damage (NH RSA 354-B:1). Any of the following civil penalties can be imposed: a fine of up to $5,000, paid to the state; (NH RSA 354-B:3) restitution to the victim for out-of-pocket expenses; (NH RSA 354-B:4) an injunction or temporary restraining against the perpetrator to prevent future hate crimes (NH RSA 354-B: 3, II).

Where can I call if I think I’ve been a victim of a hate crime?

In addition to contacting the local police, you may contact the 24-hour hotline operated by the Attorney General’s Office at (603) 271-1241. You may also call the Criminal Division of the Attorney General’s office at (603) 271-3658. Be sure to explain all of the factors that make you think this was a hate crime.

For support and advocacy, contact:

New Hampshire Attorney General’s Office 

Office of Victim/Witness Assistance

33 Capitol St., 

Concord, NH 03301-6397

(603) 271-3671.

In what ways might the federal hate crimes law help to investigate and prosecute hate crimes?

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (see H.R. 2647 at Text – S.909 – 111th Congress (2009-2010): Matthew Shepard Hate Crimes Prevention Act) was passed by Congress on October 22, 2009 and was signed into law by President Obama on October 28, 2009.  It expands the 1969 United States federal hate crime law to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity or disability.

First, and perhaps foremost, the Act allows local and state law enforcement agencies to apply for the following federal assistance from the U.S. Attorney General:

• investigative, technical, forensic or prosecutorial support for criminal investigations and prosecutions,
• grants for extraordinary expenses associated with the investigation and prosecution of hate crimes, and
• grants to combat hate crimes committed by juveniles.

In providing assistance to local and state authorities, the priorities are hate crimes:

• where the offender(s) has committed crimes in more than one state, or
• that occur in rural areas which do not have the resources needed to prosecute such crimes.

Second, for hate crimes that in some way involve crossing state or national borders, or involve or affect interstate commerce, and where a state does not have jurisdiction or has requested federal assumption of jurisdiction, or where the federal government feels that justice has not been served or that U.S. prosecution is in the public interest, the Act authorizes the federal government to prosecute the case.

The Act also requires the Federal Bureau of Investigation to track statistics on hate crimes on the basis of gender and gender identity (statistics for the other groups are already tracked) and on crimes committed by and against juveniles. This is the first federal law to explicitly extend legal protections to transgender persons.

Does New Hampshire have an anti-bullying law that protects public school students?

Yes. See the topic area “Rights & Protections” in the Issue Area “Youth.”

Resources

U.S. Department of Justice information about New Hampshire Hate Crimes: 2020 Hate Crime Statistics for New Hampshire 

New Hampshire Department of Justice (DOJ) Civil Rights Unit: Civil Rights Unit | NH Department of Justice 

New Hampshire DOJ Protocols for Hate Crimes: Hate Crime and Civil Rights Violation Protocol

Concord Monitor article on hate crimes: How are hate crimes investigated and prosecuted in New Hampshire?

Violence & Harassment | Intimate Partner Violence | New Hampshire

What is domestic violence?

New Hampshire defines domestic violence as the commission or attempted commission of one or more of the following:

1. assault or reckless conduct;
2. placing another in fear of imminent bodily injury by physical menace or threats;
3. sexual assault;
4. kidnapping, criminal restraint, or false imprisonment;
5. destruction of property;
6. unauthorized entry onto a person’s property;
7. repeated communication with the purpose to annoy or alarm;
8. cruelty to animals (NH RSA 173-B:1, I).

Do domestic violence laws apply to people in same-sex relationships?

Yes. New Hampshire domestic violence law applies to abuse between spouses and ex-spouses, people who are or were residing in the same household, and people who have or have had a sexual or romantic relationship (NH RSA 173-B:1, II).

How do I get a court order protecting me from an abusive partner?

If a partner or member of your family or household has been abusive, you can file for a protective order in court. New Hampshire issues three kinds of protective orders:

Temporary (emergency) ex parte protective orders issued via telephone. If you are in immediate danger of abuse and no court is open, you may get an emergency protective order by contacting the nearest police department. A police officer can help you fill out the forms and will contact a judge by telephone. If the judge believes you are in imminent danger, they will grant you an order that will last until the close of the next business day when the court is open. For the protective order to remain in effect, you must go to the nearest District, Family or Superior Court to ask for a new protective order.

Temporary ex parte protective orders issued in court. If the courts are open, you can file for a protective order from the District Court or Superior Court where you or the abuser lives, or, if you have fled your home, the court closest to where you fled. If you live in Rockingham County or Grafton County, you must go to the Family Division Court. If the judge believes there is an immediate danger of abuse, they will order a temporary ex parte order until you can have a full hearing on the order. A copy of the protective order will be sent to the Department of Safety, and the State Police must make information regarding the protective order available to your local police and Sheriff. The local police will promptly serve your abuser with a copy of the temporary protective order. There is no charge for this service, and the orders are in effect state-wide in New Hampshire.

A full hearing will be held within 30 days of when you filed your petition, or within 10 days of when your petition is served on your abuser, whichever is later (NH RSA 173-B:3, VII(a)). The abuser may also ask for a hearing within 3 to 5 days, which you must attend (NH RSA 173-B:4, I).

Final protective orders. A final protective order can only be issued after a court hearing. You have the right to bring a lawyer to represent you at the hearing. It is a good idea to seek out a lawyer if you think custody or child support will be disputed, or if you have been severely injured or expect an injury to last a long time. A final order can last for up to one year, and can be extended (NH RSA 173-B:5, VI).

What does a protective order do?

Depending on the circumstances, a protective order may compel your abuser to do any number of the following:

• refrain from abusing you further;
• refrain from contacting you;
• refrain from destroying or damaging property belong to you;
• move out of your home, if they live with you;
• stay away from your residence, workplace, or school, or any other place regularly visited by you or your family;
• stay away from any animal you own;
• relinquish custody of any minor children;
• provide you temporary financial support;
• surrender firearms.

Where can I go to get help?

If you cannot afford a lawyer, a domestic violence program in your area may be able to refer you to a lawyer who will do the case for free.  The DOVE (Domestic Violence Emergency) Project of the New Hampshire Bar Association can provide referrals. Contact them at 1-866-644-3574, or https://www.nhbar.org/for-the-public/free-legal-services.asp.

You might also contact the New Hampshire Coalition Against Domestic and Sexual Violence, 1-866-644-374 (domestic violence) or 1-800-277-5570 (sexual assault).

Does domestic violence play a role in custody decisions?

Yes. Evidence that a parent has abused or is currently abusing their child or partner is evidence that said parent is not acting in the best interests of the child. Furthermore, a court will not allow parents to develop their own parenting plan when there is evidence of domestic violence or child abuse (NH RSA 461-A:2, I(c)).

Resources

New Hampshire Legal Aid Information about Domestic Violence: Domestic Violence and Sexual Assault Information | New Hampshire Legal Aid.

New Hampshire Law Library Information about Domestic Violence: Domestic Violence Protective Orders

Cases & Advocacy

To see Violence & Harassment cases or advocacy which GLAD has been directly involved with in New Hampshire, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “New Hampshire.”

News & Press Releases

To see news and press releases about Violence & Harassment in New Hampshire, go to: News & Press Releases – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “New Hampshire.”