RSA 354-A:2 · Definitions

354-A:2 Definitions. – In this chapter:

Copy link

I.

"Commercial structure" means any building, structure, or portion thereof which is continuously or intermittently occupied or intended for occupancy by a commercial or recreational enterprise, whether operated for profit or not, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

Copy link

II.

"Commission," unless a different meaning clearly appears from the context, means the state commission for human rights created by this chapter.

Copy link

III.

"Covered multifamily dwellings" means:

Copy link

(a)

Buildings consisting of 4 or more units if such buildings have one or more elevators; and

Copy link

(b)

Ground floor units in other buildings consisting of 4 or more units.

Copy link

IV.

"Disability" means, with respect to a person:

Copy link

(a)

A physical or mental impairment which substantially limits one or more of such person's major life activities;

Copy link

(b)

A record of having such an impairment; or

Copy link

(c)

Being regarded as having such an impairment. Provided, that "disability" does not include current, illegal use of or addiction to a controlled substance as defined in the Controlled Substances Act (21 U.S.C. 802 sec. 102 ).

Copy link

V.

"Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

Copy link

VI.

"Employee" does not include any individual employed by a parent, spouse or child, or any individual in the domestic service of any person.

Copy link

VII.

"Employer" does not include any employer with fewer than 6 persons in its employ, an exclusively social club, or a fraternal or religious association or corporation, if such club, association, or corporation is not organized for private profit, as evidenced by declarations filed with the Internal Revenue Service or for those not recognized by the Internal Revenue Service, those organizations recognized by the New Hampshire secretary of state. Entities claiming to be religious organizations, including religious educational entities, may file a good faith declaration with the human rights commission that the organization is an organization affiliated with, or its operations are in accordance with the doctrine and teaching of a recognized and organized religion to provide evidence of their religious status. "Employer" shall include the state and all political subdivisions, boards, departments, and commissions thereof.

Copy link

VIII.

"Employment agency" includes any person undertaking to procure employees or opportunities to work.

Copy link

IX.

"Familial status" means one or more individuals, who have not attained the age of 18 years of age, and are domiciled with:

Copy link

(a)

A parent, grandparent or another person having legal custody of such individual or individuals; or

Copy link

(b)

The designee of such parent or other person having such custody, with the written permission of such parent or other person. "Familial status" also means any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

Copy link

X.

"Labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

Copy link

XI.

"Multiple dwelling" means 2 or more dwellings, as defined in paragraph V, occupied by families living independently of each other.

Copy link

XII.

"National origin" includes ancestry.

Copy link

XIII.

"Person" includes one or more individuals, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, trustees in bankruptcy, receivers, and the state and all political subdivisions, boards, and commissions thereof.

Copy link

XIV.

"Place of public accommodation" includes any inn, tavern or hotel, whether conducted for entertainment, the housing or lodging of transient guests, or for the benefit, use or accommodations of those seeking health, recreation or rest, any restaurant, eating house, public conveyance on land or water, bathhouse, barbershop, theater, golf course, sports arena, health care provider, and music or other public hall, store or other establishment which caters or offers its services or facilities or goods to the general public. "Public accommodation" shall not include any institution or club which is in its nature distinctly private. XIV-a. "Qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this chapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. XIV-b. "Reasonable accommodation" may include:

Copy link

(a)

Making existing facilities used by employees readily accessible to and usable by individuals with disabilities.

Copy link

(b)

Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. XIV-c. "Sexual orientation" means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state or impose any duty on a religious organization. This definition does not confer legislative approval of such status, but is intended to assure basic rights afforded under this chapter. XIV-d. "Undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in this paragraph. In determining whether an accommodation would impose an undue hardship on an employer, factors to be considered include:

Copy link

(a)

The nature and cost of the accommodation needed under this chapter.

Copy link

(b)

The overall financial resources of the facility involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility.

Copy link

(c)

The overall financial resources of the employer; the overall size of the business of an employer with respect to the number of its employees; and the number, type, and location of its facilities.

Copy link

(d)

The type of operation or operations of the employer, including the composition, structure, and functions of the workforce of such employer; the geographic separateness, administrative, or fiscal relationship of the facility in question to the employer. XIV-e. "Gender identity" means 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. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity, or any other evidence that the gender-related identity is sincerely held as part of a person's core identity provided, however, that gender-related identity shall not be asserted for any improper purpose.

Copy link

XV.

"Unlawful discriminatory practice" includes:

Copy link

(a)

Practices prohibited by RSA 354-A;

Copy link

(b)

Practices prohibited by the federal Civil Rights Act of 1964, as amended (PL 88-352);

Copy link

(c)

Practices prohibited by Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. §§ 3601-3619);

Copy link

(d)

Aiding, abetting, inciting, compelling or coercing another or attempting to aid, abet, incite, compel or coerce another to commit an unlawful discriminatory practice or obstructing or preventing any person from complying with this chapter or any order issued under the authority of this chapter. Source. 1992, 224:1. 1997, 108:9. 2006, 181:1, eff. Jan. 1, 2007; 274:1, eff. July 1, 2006. 2018, 176:2, eff. July 8, 2018.

Copy link