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September 17, 2018

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New Hampshire Expands Protections Against Discrimination to Include Gender Identity

New Hampshire has enacted a law to prohibit discrimination based on gender identity in employment, housing, and public accommodation. The law, which amends the state’s Law Against Discrimination, takes effect July 8, 2018.

The law will make it an unlawful discriminatory practice for an employer to: (i) refuse to hire or employ; (ii) bar or discharge from employment, or (iii) discriminate against an individual on the basis of gender identity in compensation or in the terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification. Employers are further prohibited from publishing, circulating, or utilizing any statement, advertisement, publication, or application in connection with employment that expresses (either directly or indirectly) any limitation, specification, or discrimination on the basis of gender identity, unless again based upon a bona fide occupational qualification.

Additionally, labor organizations will be prohibited from excluding or expelling from membership or otherwise discriminating against an individual on the basis of the person’s gender identity, unless based upon a bona fide occupational qualification.

The law also expands protections under the Law Against Discrimination to include prohibitions against discrimination on the basis of gender identity in the sale, rental or leasing of housing, as well as in access to places of public accommodation.

“Gender identity” is defined under the law as “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.”

Employers with operations in New Hampshire should review their policies and practices to ensure that gender identity is included amongst the protections against discrimination and harassment.

© 2018 Proskauer Rose LLP.

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About this Author

Evandro Gigante, Labor Attorney, Proskauer Rose Law FIrm
Senior Counsel

Evandro Gigante is a Senior Counsel in the Labor & Employment Law Department. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation, and breach of contract. Evandro also counsels employers in connection with reductions in force and wage-and-hour issues, and advises clients on restrictive covenant issues, including, for example, confidentiality, non-compete, and non-solicit agreements. 

212.969.3132
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour and class and collective action litigation, and she is a frequent contributor to the Proskauer on Class and Collective Actions blog.

212-969-3631