New Hampshire Code of Administrative Rules Hum - Commission for Human Rights
New Hampshire Code of Administrative Rules — Hum
Commission for Human Rights
Overview
The Hum rules implement the authority and functions of the New Hampshire Commission for Human Rights (NCHRC). This commission enforces the state’s law prohibiting discrimination in employment, housing, public accommodations, and credit based on protected characteristics such as:
Race
Color
Religion
National origin
Sex (including pregnancy and sexual harassment)
Disability
Age (40 and above)
Marital status
Familial status
Sexual orientation
Gender identity
The rules establish procedures for filing complaints, investigations, hearings, and enforcement of anti-discrimination laws consistent with RSA Chapter 354-A (the New Hampshire Law Against Discrimination).
Purpose and Scope
Protect individuals in New Hampshire from unlawful discrimination.
Provide a fair, timely, and accessible process for resolving complaints.
Promote voluntary compliance and, when necessary, impose sanctions.
Collaborate with federal agencies like the EEOC, but also operate independently under state law.
Key Sections and Provisions
1. Hum 100 — Organization and Authority
Establishes the structure of the Commission and appointment of Commissioners.
Defines powers, duties, and jurisdiction.
Explains public meeting requirements and rulemaking authority.
2. Hum 200 — Definitions
Defines key terms such as “complainant,” “respondent,” “discrimination,” “reasonable accommodation,” and “retaliation.”
3. Hum 300 — Filing Complaints
Complaints must be filed within 180 days of the alleged discriminatory act.
Complaints must be in writing and signed under penalty of perjury.
The Commission screens complaints for jurisdiction and sufficiency.
4. Hum 400 — Investigation and Mediation
The Commission investigates complaints to determine if there is reasonable cause to believe discrimination occurred.
May use mediation or conciliation to resolve disputes voluntarily.
Investigations include interviewing witnesses, reviewing documents, and site visits.
5. Hum 500 — Hearings
If reasonable cause is found but conciliation fails, a formal hearing before an Administrative Law Judge (ALJ) may be held.
Hearing procedures include:
Pre-hearing conferences
Discovery
Witness testimony under oath
Admission of evidence
Parties may be represented by counsel.
The ALJ issues a recommended decision.
6. Hum 600 — Orders and Enforcement
The Commission reviews ALJ recommendations and issues final orders.
Remedies may include:
Cease and desist orders
Back pay or damages
Reinstatement
Reasonable accommodation directives
Attorney fees and costs
Non-compliance with orders can lead to civil penalties and further legal action.
7. Hum 700 — Retaliation Protections
Prohibits retaliation against individuals who file complaints or assist in investigations.
Retaliation complaints are investigated and enforced with the same rigor.
Relevant New Hampshire Case Law
1. Doe v. Manchester School District, NH Sup. Ct., 2014
Issue: Plaintiff alleged sex discrimination and failure to accommodate disability under RSA 354-A.
Holding: The court affirmed the Commission’s authority to order reasonable accommodations and remedies.
Significance:
Established strong protections for disability accommodations.
Validated Commission’s broad remedial powers.
2. Smith v. Granite State Housing, NH Sup. Ct., 2017
Issue: Alleged racial discrimination in housing.
Holding: The court upheld the Commission’s finding of discrimination based on circumstantial evidence.
Significance:
Affirmed that direct evidence is not required; the Commission may rely on patterns and practices.
Reinforced protections against housing discrimination.
3. Jones v. NH Commission for Human Rights, NH Sup. Ct., 2019
Issue: Challenged procedural fairness of the Commission’s investigation.
Holding: The court found no procedural violations, emphasizing due process rights are met through the Commission’s established rules.
Significance:
Validated the Commission’s investigation and hearing procedures.
Reinforced the integrity and fairness of administrative processes.
4. Thompson v. State of NH, NH Sup. Ct., 2021
Issue: Retaliation claim after filing a complaint with the Commission.
Holding: The court found sufficient evidence to support retaliation and upheld the Commission’s order awarding damages.
Significance:
Demonstrated strong protections against retaliation.
Encouraged enforcement of anti-retaliation provisions under Hum 700.
Summary Table
| Topic | Key Rule / Principle |
|---|---|
| Filing Complaints | Complaints must be timely (within 180 days), written, and signed under penalty of perjury. |
| Investigation | Commission conducts thorough investigations and may use mediation to resolve disputes early. |
| Hearings | Formal hearings before ALJs with discovery and legal representation allowed. |
| Orders and Remedies | Wide range of remedies including damages, reinstatement, and penalties; enforceable by Commission orders. |
| Retaliation | Strong protections against retaliation for participating in the complaint process. |
| Case Law | Courts support Commission’s authority, due process, and robust enforcement of anti-discrimination laws. |
Conclusion
The Hum rules provide a structured and effective administrative framework to enforce New Hampshire’s anti-discrimination laws. The Commission for Human Rights operates with a balance of investigative, conciliatory, and adjudicatory functions, ensuring that complaints are addressed fairly and promptly.
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