Housing | Discrimination | New Hampshire

Yes. New Hampshire’s law banning sexual orientation discrimination in employment, public accommodations and housing has been in effect since January 1, 1998 (see Norma Love, “Senate Passes Gay Civil Rights; Shaheen to Sign it,” Foster’s Daily Democrat, May 7, 1997).

Yes, on June 8, 2018 Governor Chris Sununu signed into law House Bill 1319, AN ACT prohibiting discrimination on the basis of gender identity, which banned discrimination in employment, public accommodations and housing based on gender identity. The law went into effect on July 8, 2018. The law amends NH RSA 354-A by adding “gender identity” to the list of protected characteristics. With the passage of this law, New Hampshire joins the other five New England states in banning transgender discrimination.

In the law, 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.”

Yes. New Hampshire non-discrimination law defines “sexual orientation” as “having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality” (NH RSA 354-A:2, XIV-c). While the courts have not ruled on the meaning of the “perceived” language, it should mean that if a person is fired because they are perceived to be gay, they may invoke the protection of the anti-discrimination law regardless of their actual orientation.

The housing laws are intended to prohibit discrimination by those engaged in most aspects of the housing business, including listing, buying, selling, renting, or financing housing or commercial structures, whether for profit or not (NH RSA 354-A:10). Most often, these claims involve a refusal by an owner, landlord, or real estate broker to sell, lease, or even negotiate with a person about the housing they desire to obtain.  But other practices are forbidden, too, such as:

1. misrepresenting the unavailability of a dwelling or commercial structure (A:10, IV);
2. discriminating against a person in the terms, conditions, or privilege of a sale or rental because of their sexual orientation (A:10, II);
3. printing or circulating discriminatory notices or advertisements (A:10, III);
4. evicting a tenant solely on the ground that they have AIDS or are regarded as having AIDS (A:10, VI); and
5. making mortgage and real estate loans on a discriminatory basis (A:10, VII), e. a form of credit protection.

There are several exemptions to the housing laws:

1. A homeowner who owns only one single family home may discriminate in selling or renting the home so long as they do not use the services of any broker (or like person), and do not circulate any discriminatory ads or notices (NH RSA 354-A:13, I-a);
2. An owner who lives in 3-family, 2-family, or 1-family unit may discriminate when renting out the other units (NH RSA A:13, I-b);
3. An owner who lives in a building with 5 units or less may discriminate in renting out the other rooms (NH RSA A:13, I-c);
4. Religious organizations and organizations supervised by religious organizations which do not rent or sell for profit may give preference to persons of their same religion (with some exceptions) (NH RSA A:13, II);
5. Private clubs which provide non-for-profit lodging for their members may give preference to members, or limit occupancy to members-only (NH RSA A:13, III).

You may file a complaint with the New Hampshire Commission on Human Rights (CHR) by printing out an Intake Questionnaire from the CHR website, https://www.nh.gov/hrc/howto.html, and mailing it to:

Intake Department

NH Commission for Human Rights

2 Industrial Park Drive

Concord, NH 03301

Alternatively, you may speak with an intake investigator by calling (603) 271-2767 or 1-800-735-2964 (toll free for NH). The Attorney General can also file claims of discrimination.

Once the Intake Questionnaire is filed, a CHR investigator will decide whether you have the basis to file a formal charge.

No. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout the process. Not only are there many legal rules governing the CHR process, but employers and other defendants are likely to have legal representation.

A complaint must be filed with the CHR within 180 days of the discriminatory act or acts (NH RSA 354-A:21, III). There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.

The CHR assigns an investigator to conduct an impartial investigation of the charges. The investigator may send out written questions (interrogatories) to be answered under oath, or request documents from either party. If the case is not dismissed for technical reasons, an assigned Commissioner will consult the investigator’s final report and decide if there is probable cause to credit your allegations.

If probable cause is found, the case will be sent for “conciliation”, or settlement proceedings. If negotiations fail to produce a settlement agreeable to all parties, the CHR will schedule a public hearing before three Commissioners. You can choose to be represented at this hearing by a private attorney or a lawyer for the CHR (See generally NH RSA 354-A:21). After the hearing, the Commission will issue a decision either finding in your favor and ordering appropriate relief, or finding in favor of the responding party and dismissing the charge. Either one of you can appeal the Commission’s decision to Superior Court.

If the CHR does not find probable cause, you may also appeal to the Superior Court. In order to be successful, your appeal must show that the CHR’s decision is either unlawful or unreasonable by a clear preponderance of the evidence (NH RSA 354-A:21, II-a).

In all types of cases, the Commission may order the respondent to cease and desist the unlawful conduct. The CHR may impose an administrative fine, payable to the State, of up to $50,000, depending on how many past offenses the respondent has committed (NH RSA 354-A:21, II-d).

Note that if your complaint is dismissed and deemed frivolous, the defendant may seek to collect reasonable costs and attorney’s fees from you (NH RSA 354-A:21 II-f).

Yes. New Hampshire’s employment non-discrimination laws forbid discriminating against someone because of sexual orientation as well as age, sex, race, color, marital status, physical or mental disability, religious creed, or national origin (NH RSA 354-A:7). The housing non-discrimination laws also protect people based on their “familial status” (NH RSA 354-A:10).

Oui, dans de nombreux cas. Étant donné que les lois fédérales et étatiques contiennent des dispositions qui se chevauchent, une personne déposant une plainte pour discrimination peut parfois invoquer les protections des deux. Par exemple, la loi fédérale sur la non-discrimination à l'emploi, appelée Titre VII, s'applique aux employeurs d'au moins 15 salariés et interdit la discrimination à l'embauche fondée sur l'origine ethnique, le sexe, l'âge, la religion et le handicap (y compris le statut VIH).

Bien que le Titre VII n’interdise pas expressément la discrimination fondée sur l’orientation sexuelle ou l’identité de genre, un nombre croissant de tribunaux et d’agences gouvernementales ont adopté la position selon laquelle son interdiction de la discrimination sexuelle englobe les deux (Voir, par exemple, États-Unis et Dr. Rachel Tudor c. Southeastern Oklahoma State University2015 US Dist. LEXIS 89547 (2015) (rejetant la requête visant à rejeter la plainte d'une professeure en vertu du Titre VII, selon laquelle l'école l'avait soumise à un environnement de travail hostile en raison de son identité de genre). Dans deux décisions distinctes, rendues en 2012 et 2016, l'EEOC a elle-même conclu que la discrimination fondée sur l'orientation sexuelle, la discrimination fondée sur l'identité de genre et la discrimination fondée sur le sexe étaient identiques, ces deux dernières étant fondées sur des préférences, des hypothèses, des attentes, des stéréotypes et des normes associés à la masculinité et à la féminité.Voir Macy c. Holder, EEOC Appeal No. 0120120821 (Apr. 20, 2012); Baldwin v. Foxx, EEOC Appeal No. 0120133080 (July 15, 2015)). Although the EEOC’s decisions are not binding on the courts, many have used similar reasoning in affirming Title VII’s applicability to discrimination based on gender identity and sexual orientation (Voir, par exemple, Smith c. Ville de Salem, 378 F.3d 566 (6e Cir. 2004) (estimant que le Titre VII interdit la discrimination à l’encontre des personnes transgenres fondée sur des stéréotypes de genre) ; Videckis c. Université de Pepperdine, 150 F. Supp. 3d 1151, 1160 (CD Cal. 2015) (considérant que « la discrimination fondée sur l’orientation sexuelle est une forme de discrimination fondée sur le sexe ou le genre »).

LGBT people who are discriminated against in housing may also be able to file a complaint with the federal Department of Housing and Urban Development (HUD) in addition to NHCHR. For more information go to: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housin g_equal_opp/LGBT_Housing_Discrimination.

GLAD recommends that, where there may be overlapping state and federal jurisdiction, you explore filing with the CHR first but keep in mind the possibility of pursuing a federal claim as well. Federal complaints must be filed within 180 days of the discriminatory act with the Equal Employment Opportunity Commission (EEOC). However, if you initially institute your complaint with CHR and indicate that you wish to have the complaint cross-filed with the EEOC, then the time limit is extended to the earlier of 300 days or 30 days after CHR has terminated the case (United States Code 42 sec. 2000e-5(e)(1)). (People who work for federal agencies are beyond the scope of this publication.) If you have a sexual orientation or gender identity complaint, you should check off “sex” as well as “sexual orientation” or “gender identity” as the bases for your claim and request that CHR cross-file your complaint with the EEOC.

Peut-être que oui, en fonction des faits de votre situation particulière.

Tribunal d'État ou fédéral : After filing with the CHR, EEOC, or both, a person may decide to remove their discrimination case from those agencies and file the case in court. There are rules about when and how this must be done. When claims of discrimination based on state law are removed from the CHR and filed in state superior court, either party may request a jury trial and the court may order the same relief as would the CHR.42 Similarly, once the CHR process is complete, either party may ask a court to review the Commission’s decision (NH RSA 354-A:22, I).

In addition, you may wish to file a court case to address other claims which cannot be appropriately handled by discrimination agencies. For example, if you are fired in violation of a contract, fired without the progressive discipline promised in a handbook, or fired for doing something the employer doesn’t like but which the law requires, these matters are beyond the scope of what the agencies can investigate and instead the matter should be pursued in court. Similarly, if your claim involves a violation of constitutional rights—for instance, if you are a teacher or governmental employee who believes your free speech or equal protection rights were violated—then those matters must also be heard in court.

It is a civil rights violation to coerce, intimidate, threaten, or interfere with any person who files a housing discrimination complaint. (NH RSA 354-A:14)

Contactez GLAD Answers au www.GLADAnswers.org ou par téléphone au 800-455-4523 (GLAD) n'importe quel jour de la semaine pour discuter des options.

As a general matter, people who are still working with or residing under discriminatory conditions have to evaluate how filing a case will affect their job or housing, and if they are willing to assume those possible consequences. Of course, even if a person has been fired, or evicted, they may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information and advice to make an informed decision.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them). It is also helpful to have a list of witnesses and other possible victims of discrimination. If you are concerned about a housing matter, bring a copy of your lease, along with any notices and letters you have received from your landlord.