['Discrimination']
['Pregnancy Discrimination']
06/13/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
SEARCH
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 Sex. For example, the state law requires employers to treat disabilities caused by pregnancy in the same manner in which other disabilities are treated.
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.
State
Contact
New Hampshire Commission for Human Rights
Regulations
Revised Statutes Chapter 354-A, State Commission for Human Rights
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
READ MORESHOW LESS
['Discrimination']
['Pregnancy Discrimination']
Load More
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.