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RSA 354-A:21-a · Choice of Forum

Title
XXXI: TRADE AND COMMERCE
Chapter
354-A · STATE COMMISSION FOR HUMAN RIGHTS
Status
current
Official source linked
Yes
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354-A:21-a Choice of Forum. –

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I.

Any party alleging to be aggrieved by any practice made unlawful under this chapter may, at the expiration of 180 days after the timely filing of a complaint with the commission, or sooner if the commission assents in writing, but not later than 3 years after the alleged unlawful practice occurred, bring a civil action for damages or injunctive relief or both, in the superior court for the county in which the alleged unlawful practice occurred or in the county of residence of the party. Any party alleged to have committed any practice made unlawful under this chapter may, in any case in which a determination of probable cause has been made by the investigating commissioner, remove said complaint to superior court for trial. A court in cases so removed may award all damages and relief which could have been awarded by the commission, except that in lieu of an administrative fine, enhanced compensatory damages may be awarded when the court finds the respondent's discriminatory conduct to have been taken with willful or reckless disregard of the charging party's rights under this chapter. A superior court trial shall not be available to any party if a hearing before the commission has begun or has concluded pursuant to RSA 354-A:21, II(b), or to a complainant whose charge has been dismissed as lacking in probable cause who has not prevailed on an appeal to superior court pursuant to RSA 354-A:21, II(a). In superior court, either party is entitled to a trial by jury on any issue of fact in an action for damages regardless of whether the complaining party seeks affirmative relief.

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II.

The charging party shall notify the commission of the filing of any superior court action, and the respondent shall notify the commission of the removal to superior court after a finding of probable cause. After such notice, the commission shall dismiss the complaint without prejudice. A party electing to file a civil action with the superior court under paragraph I shall be barred from bringing any subsequent complaint before the commission based upon the same alleged unlawful discriminatory practice.

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III.

The commission may, after a finding of probable cause, bring suit in superior court at its own expense on behalf of an aggrieved person in housing discrimination cases. Source. 2000, 277:6. 2006, 126:5, 6, eff. July 1, 2006.

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Source note

Source. 2000, 277:6. 2006, 126:5, 6, eff. July 1, 2006.

Source history

  • 2000, 277:6
  • 2006, 126:5, 6, eff. July 1, 2006

Related materials

Bill relationships

  • 2026 HB1299 amend

    elling state interest in the 3 circumstances described in RSA 354-A:25-a. 2 New Sections; Law Against Discrimination; Classification of Persons Based Upon Biological Sex. Amend RSA 354-A by adding after section 25 the following new sections: 354-A:25-a Classification of Persons Based Upon Biological Sex. Notwithstanding RSA 354-A:2, XIV-e or any other provision of this chapter or any other law or r

  • 2026 HB1299-FN amend

    elling state interest in the 3 circumstances described in RSA 354-A:25-a. 2 New Sections; Law Against Discrimination; Classification of Persons Based Upon Biological Sex. Amend RSA 354-A by adding after section 25 the following new sections: 354-A:25-a Classification of Persons Based Upon Biological Sex. Notwithstanding RSA 354-A:2, XIV-e or any other provision of this chapter or any other law or r

  • 2026 HB1316 add

    litation Act of 1973; II. The Americans with Disabilities Act; III. The Individuals with Disabilities Education Act (IDEA); IV. The New Hampshire Law Against Discrimination, RSA 354-A; V. The HIPAA; VI. The Genetic Information Nondiscrimination Act (GINA); and VII. Any other established law protecting individuals with disabilities from discrimination, including in health care, education, employ

  • 2026 HB1442 amend

    erest in the 3 circumstances described in RSA 354-A:25-a. 2 New Section; State Commission for Human Rights; Miscellaneous Provisions; State Recognition of Biological Sex. Amend RSA 354-A by inserting after section 25 the following new section: 354-A:25-a State Recognition of Biological Sex. I. Nothing in RSA 5-C:87, RSA 260 through RSA 263-A, RSA 354-A, or any other law or regulation shall mean th

  • 2026 HB1442-FN amend

    erest in the 3 circumstances described in RSA 354-A:25-a. 2 New Section; State Commission for Human Rights; Miscellaneous Provisions; State Recognition of Biological Sex. Amend RSA 354-A by inserting after section 25 the following new section: 354-A:25-a State Recognition of Biological Sex. I. Nothing in RSA 5-C:87, RSA 260 through RSA 263-A, RSA 354-A, or any other law or regulation shall mean th

  • 2026 HB1447 amend

    w Hampshire law, whether in statute, state administrative or court rule, policy, common law, or any other source of civil state law. 3 New Section; Classification by Sex. Amend RSA 354-A by inserting after section 25 the following new section: 354-A:25-a Classification by Biological Sex. I. The state of New Hampshire and all political subdivisions of the state shall adopt policies that classify

  • 2026 HB1464 amend · effective 2027-01-01

    that person's sexual orientation or that person's political affiliation or opinion. 4 New Paragraph; State Commission for Human Rights; Complaint Procedures and Review. Amend RSA 354-A:21-a by inserting after paragraph III the following new paragraph: IV. In addition to the remedies provided in this section, any person who knowingly violates RSA 354-A:7 with the intent to harass, intimidate, or cause e

  • 2026 HB1464-FN amend · effective 2027-01-01

    that person's sexual orientation or that person's political affiliation or opinion. 4 New Paragraph; State Commission for Human Rights; Complaint Procedures and Review. Amend RSA 354-A:21-a by inserting after paragraph III the following new paragraph: IV. In addition to the remedies provided in this section, any person who knowingly violates RSA 354-A:7 with the intent to harass, intimidate, or cause e

  • 2026 HB1517 amend

    by the Senate and House of Representatives in General Court convened: 1 New Section; Trade and Commerce; Fair Housing; Business Entity-Owned Residential Arrangements. Amend RSA 354-A by inserting after section 15 the following new section: 354-A:15-a Business Entity-Owned Residential Arrangements. I. In this section: (a) "Business entity" means a partnership, corporation, joint venture, limite

  • 2026 HB1517-FN amend

    by the Senate and House of Representatives in General Court convened: 1 New Section; Trade and Commerce; Fair Housing; Business Entity-Owned Residential Arrangements. Amend RSA 354-A by inserting after section 15 the following new section: 354-A:15-a Business Entity-Owned Residential Arrangements. I. In this section: (a) "Business entity" means a partnership, corporation, joint venture, limite

  • 2026 HB1564 amend · effective 2027-01-01

    of age, sex, sexual orientation, [gender identity,] race, religious creed, color, marital status, familial status, physical or mental disability, or national origin prohibited by RSA 354-A; or 6 Racial Profiling; Gender Identity. Amend the introductory paragraph of RSA 106-O:1 to read as follows: 106-O:1 Definition. In this chapter "profiling" shall mean the practice of relying solely on race, ethn

  • 2026 HB1564-FN amend · effective 2027-01-01

    of age, sex, sexual orientation, [gender identity,] race, religious creed, color, marital status, familial status, physical or mental disability, or national origin prohibited by RSA 354-A; or 6 Racial Profiling; Gender Identity. Amend the introductory paragraph of RSA 106-O:1 to read as follows: 106-O:1 Definition. In this chapter "profiling" shall mean the practice of relying solely on race, ethn

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