Bill Text: NH SB390 | 2014 | Regular Session | Introduced
Bill Title: Prohibiting discrimination against employees who are victims of domestic violence and establishing a committee to study the protection of employees from domestic violence.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2014-07-18 - II. Remainder Effective 07/11/14 [SB390 Detail]
Download: New_Hampshire-2014-SB390-Introduced.html
SB 390 – AS INTRODUCED
2014 SESSION
05/10
SENATE BILL 390
AN ACT relative to protection of employees who are victims of domestic abuse, sexual assault, stalking, or criminal harassment.
SPONSORS: Sen. Hosmer, Dist 7; Sen. Pierce, Dist 5; Sen. Woodburn, Dist 1; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Sen. Kelly, Dist 10; Sen. D’Allesandro, Dist 20; Rep. Huot, Belk 3
This bill prohibits employers from discriminating against employees who are victims of domestic violence, sexual assault, stalking, and harassment. The bill requires employers to provide reasonable safety accommodations.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2732
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to protection of employees who are victims of domestic abuse, sexual assault, stalking, or criminal harassment.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Employee Protection from Domestic Violence. Amend RSA 275 by inserting after section 70 the following new subdivision:
Employee Protection from Domestic Violence
275:71 Prohibited Conduct by Employer.
I. It is an unlawful employment practice for an employer to:
(a) Refuse to hire an otherwise qualified individual because the individual is a victim of domestic violence, harassment, sexual assault, or stalking.
(b) Discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an individual with regard to promotion, compensation or other terms, conditions, or privileges of employment because the individual is a victim of domestic violence, harassment, sexual assault, or stalking.
(c) Refuse to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, harassment, sexual assault, or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer.
II.(a) Prior to making a reasonable safety accommodation, an employer may require an individual to provide certification that the individual is a victim of domestic violence, harassment, sexual assault, or stalking.
(b) An individual shall provide a certification required under subparagraph (a) within a reasonable time after receiving the employer’s request for certification.
(c) Any of the following constitutes sufficient certification:
(1) A copy of a police report indicating that the individual was or is a victim of domestic violence, harassment, sexual assault, or stalking.
(2) A copy of a protective order or other evidence from a court, administrative agency, or attorney that the individual appeared in or is preparing for a civil, criminal or administrative proceeding related to domestic violence, harassment, sexual assault, or stalking.
(3) Documentation from an attorney, law enforcement officer, health care professional, licensed mental health professional or counselor, member of the clergy or victim services provider that the individual was or is undergoing treatment or counseling, obtaining services or relocating as a result of domestic violence, harassment, sexual assault, or stalking.
III. All records and information kept by an employer regarding a reasonable safety accommodation made for an individual are confidential and may not be released without the express permission of the individual, unless otherwise required by law.
IV. In this section:
(a) “Reasonable safety accommodation” may include, but is not limited to, a transfer, reassignment, modified schedule, changed work telephone number, changed work station, installed lock, implemented safety procedure, or any other adjustment to a job structure, workplace facility, or work requirement in response to actual or threatened domestic violence, harassment, sexual assault, or stalking.
(b) “Undue hardship” means a significant difficulty and expense to the employer’s business and includes consideration of the size and staffing needs of the employer’s business.
(c) Victim of domestic violence shall have the same meaning as in RSA 173-B:1.
(d) Victim of harassment shall have the same meaning as in RSA 644-A:4.
(e) Victim of sexual assault shall have the same meaning as in RSA 632-A.
(f) Victim of stalking shall have the same meaning as in RSA 633:3-a, I.
275:72 Penalty. Any employer who violates this subdivision shall be subject to a civil penalty, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner’s assessment of such penalty may appeal in accordance with RSA 273:11-c.
2 Effective Date. This act shall take effect 60 days after its passage.
