Federal & State Regulations | National origin discrimination - New Hampshire

State Info

Summary of differences between federal and state regulations

Employer defined

"Employer" does not include any employer with fewer than six persons in its employ, but does include the state and all political subdivisions, boards, departments and commissions. The term also does not include a club exclusively social, or a fraternal, charitable, educational or religious association or corporation, if such club, association or corporation is not organized for private profit.

In determining whether an individual is a covered employee, the commission will determine whether an employer-employee relationship exists when:

The employer pays the employee by the hour, week, month, piece or commission and may pay business and travel expenses;
The employer provides the employee with instructions, training or orientation as to when, where and how the work is to be performed to the employer's specifications;
The employer supervises the work of the employee;
The employee submits oral or written reports to the employer regarding work activities;
The work performed by the employee is part of the regular business of the employer;
The employer supplies the employee with the instrumentalities, tools and the place of work without a significant investment by the employee;
The employee is prevented from hiring, supervising and paying assistants to complete a specific goal in the manner of a subcontractor;
The employer can discharge the employee with a right to no more than compensation already earned, and the employee can end the relationship, without incurring any liability as in a breach of contract, other than an employment contract or collective bargaining contract; and/or
Any other factor which contributes to the nature of the relationship that the parties believe they are creating.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Guidelines on Discrimination Because of National Origin. Because the following job requirements might have an adverse impact on certain racial and/or national origin groups, employers must scrutinize such requirements to make sure they are required by business necessity:

Citizenship requirements;
Height and weight requirements;
Requirement that applicant have no arrest record;
Fluency in English requirements;
A rule that employees must speak only English on the job;
Requirement or exclusion of foreign training or education.

An inquiry regarding these characteristics is not in itself unlawful, but the use of the information obtained is unlawful discrimination unless justified by business necessity. An inquiry regarding these factors will be unlawful if it has the purpose or effect of discouraging members of a particular racial or national origin group from applying for employment.

Posting

Every covered employer or entity must post in a conspicuous place or places on his premises a notice prepared or approved by the Commission for Human Rights which sets forth excerpts of the Law Against Discrimination and other relevant information necessary to explain the law.