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When Should I File an Employment Discrimination Lawsuit in New Hampshire?


— June 10, 2022

The rights of public or private employees in the state are protected under the New Hampshire Law Against Discrimination (NHLAD).


If you’re asking yourself this question, you clearly have some problems with your employer or with your coworkers. Employment discrimination is illegal in the state of New Hampshire, but before you do anything you should seek legal advice. Look up the best New Hampshire employment lawyers you can find to understand if you have a case, what are the steps to follow and what sort of evidence you should gather to ensure a positive outcome for your complaint.

What does the New Hampshire anti-discrimination law say?

The rights of public or private employees in the state are protected under the New Hampshire Law Against Discrimination (NHLAD). The law applies to all employers with six or more employees. 

According to the NHLAD, it is prohibited to discriminate employees based on protected characteristics such as: age, sex, race, color, marital status, physical or mental disability, religion, national origin, sexual orientation (real or preceived) or gender identity. 

Keep in mind that the law refers to both employees and job applicants. If an employer rejects your application based on any of the protected characteristics mentioned above, you should talk to an experienced employment lawyer in Manchester, NH, and file a lawsuit. 

How is sexual harassment defined in New Hampshire? 

Sexual harassment is not mentioned as such in the NHLAD, but it falls under sex-based discrimination.

Anti-sexual harassment protest; image by Ehimetalor Akhere Unuabona, via Unsplash.com.
Anti-sexual harassment protest; image by Ehimetalor Akhere Unuabona, via Unsplash.com.

If you are sexually harassed by your supervisor or your coworkers, there’s no reason you should put up with it for one more day as the law offers you ample protection. All you have to do is reach out to seasoned New Hampshire sexual harassment lawyer to see how you should proceed.

The first thing you need to know is that, before you can file a lawsuit, you have to make an internal complaint. In other words, your employer must be given the opportunity to take whatever measures are necessary to address the issue. 

All New Hampshire businesses should have a clear complaint procedure known to all employees. You should file a complaint with the HR or you can talk to the employer directly. In some cases, the employer turns a blind eye on sexual harassment, condones or encourages such behavior. If that is the case in your place of work, you cannot expect much from your employer. On the contrary, you can expect some form of retaliation. While this is unpleasant, it is also clearly against the law and your lawyer will have to pay for that, in addition to the damages you should seek for the sexual harassment. 

The NHLAD protects those who complain about workplace discrimination, the so-called whistleblowers, as well as those who support them. If, for instance, you make a complaint and several of your coworkers testify on your behalf, the employer is not allowed to retaliate against them. If they do, it will be at their own cost. 

As soon as it becomes clear your employer isn’t going to do anything to stop the sexual harassment, your lawyer will assist you in filing an official complaint with the New Hampshire Commission for Human Rights. 

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