New Hampshire Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in New Hampshire and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

New Hampshire has a ban-the-box law in effect. House Bill 253 applies to public employers, restricting against inquiring about or conducting criminal background checks on prospective employees prior to conducting interviews. If a position requires a background check by federal or state law, it is exempt. The law also doesn’t apply to private employers.

Does New Hampshire Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, some of the fair hiring laws in New Hampshire offer broader protections than federal laws.

Do New Hampshire Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

New Hampshire’s equal pay provision (RSA 275:37) mirrors the federal EPA, restricting against wage differences for employees performing the same work based on sex.

Do New Hampshire Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Although New Hampshire law RSA 354-A has some similarities to the ADEA, one key difference is that the state law covers individuals of all ages. The federal law extends protections against discrimination in hiring for those ages 40 and over. The state law also applies to employers with at least 6 employees.

Do New Hampshire Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The New Hampshire Commission for Human Rights enforces disability discrimination laws, which apply to employers when hiring. State law complements the ADA and may include more stringent requirements for accommodations.

Do New Hampshire Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

A law in New Hampshire restricts employment discrimination based on genetic information. It is similar to the federal GINA, although it applies to more employers (6+ employees).

Do New Hampshire Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

Under New Hampshire law, employers with at least 6 employees are prohibited from discriminating in hiring based on protected characteristics. These include gender identity, age, national origin, sex, disability, sexual orientation, familial or marital status, race, color, and creed/religion.

Are There Different Fair Hiring Laws in Cities or Municipalities Across New Hampshire?

No, there are no fair hiring laws in specific cities or municipalities that differ from state law.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.