Job Denied Due to Disability in New Hampshire? Know Your Rights

Understanding Job Denial Due to Disability in New Hampshire

Being denied a job you're qualified for can be disheartening, but when that denial is rooted in discrimination based on a disability, it's not only unfair—it's illegal. New Hampshire law, alongside federal statutes like the Americans with Disabilities Act (ADA), offers robust protections for individuals with disabilities in the workplace, including during the hiring process. This article will provide a comprehensive guide for job seekers in the Granite State who suspect they've faced disability discrimination.

What Constitutes a "Disability" Under New Hampshire Law?

In New Hampshire, the Law Against Discrimination (RSA 354-A) prohibits discrimination based on physical or mental disability. Both state and federal laws define "disability" broadly to include:

• 💡 A physical or mental impairment that substantially limits one or more major life activities (e.g., walking, seeing, hearing, learning, breathing, caring for oneself).
• 💡 A record of such an impairment (e.g., someone who has recovered from cancer or a mental health condition).
• 💡 Being regarded as having such an impairment, even if you don't actually have one (e.g., an employer assumes you can't perform a job because of a noticeable limp, even if you can).

Crucially, the law protects "qualified individuals with a disability," meaning you must be able to perform the essential functions of the job, with or without reasonable accommodation.

When Job Denial Becomes Discrimination

Not every job denial is discriminatory. An employer can lawfully deny you a job if you are not qualified for the position, or if another candidate is genuinely better qualified. However, discrimination occurs when your disability, or the employer's perception of it, is a motivating factor in their decision not to hire you.

Common scenarios that could indicate discrimination include:

• ➡️ Direct Discrimination: An employer explicitly states or implies that your disability is a reason for not hiring you.
• ➡️ Failure to Provide Reasonable Accommodation: You disclose a disability and request a reasonable accommodation (e.g., an ergonomic chair, a modified schedule, assistive technology) that would allow you to perform the job's essential functions, but the employer refuses without demonstrating "undue hardship."
• ➡️ Pre-Offer Medical Inquiries: An employer asks disability-related questions or requires a medical examination before making a conditional job offer. Generally, such inquiries are only permissible after a job offer has been made, and only if all new employees in similar positions are subjected to the same medical requirements.
• ➡️ Perceived Disability Discrimination: An employer makes assumptions about your abilities based on a perceived disability, even if you do not have one or it does not impact your ability to perform the job.
• ➡️ Retaliation: You previously asserted your rights under disability law (e.g., filed a complaint against a former employer), and a prospective employer denies you a job because of that protected activity.

Your Rights and Key Legal Frameworks

In New Hampshire, you are primarily protected by:

• ⚖️ New Hampshire Law Against Discrimination (RSA 354-A): This state law prohibits disability discrimination in employment, covering employers with six or more employees. It is often interpreted similarly to the ADA but can sometimes offer broader protections.
• ⚖️ Americans with Disabilities Act (ADA): A federal law that applies to employers with 15 or more employees. The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause an "undue hardship" for the business.

You can file a complaint with either the New Hampshire Commission for Human Rights (NHCHR) or the U.S. Equal Employment Opportunity Commission (EEOC). Often, these agencies have a "work-sharing agreement," meaning filing with one agency can automatically cross-file with the other.

Steps to Take If You Believe You Were Denied a Job Due to Disability

If you suspect you've been discriminated against, prompt and strategic action is crucial:

📋 Step 1: Document Everything

• ✅ Keep Records: Save copies of the job posting, your application, resume, and cover letter.
• ✅ Collect Communications: Preserve all emails, texts, letters, and notes from phone calls with the employer. If you had an in-person interview, jot down notes about what was discussed, who said what, and any specific questions related to your disability or perceived disability.
• ✅ Identify Witnesses: Note anyone who might have witnessed discriminatory remarks or actions.
• ✅ Gather Medical Information (if relevant): If you disclosed a disability or requested an accommodation, have documentation of your disability (e.g., doctor's notes, medical reports) that can support your claim of being a qualified individual with a disability.

📞 Step 2: Understand Key Deadlines (Statute of Limitations)

• ⏳ New Hampshire Commission for Human Rights (NHCHR): You generally have 180 days from the date of the discriminatory act to file a complaint.
• ⏳ U.S. Equal Employment Opportunity Commission (EEOC): You generally have 300 days from the date of the discriminatory act to file a charge of discrimination.

These deadlines are strict, and missing them can permanently bar your claim. Act quickly!

⚖️ Step 3: Contact an Experienced Employment Law Attorney

• 👨‍⚖️ Legal Guidance: An attorney specializing in employment law in New Hampshire can assess the strength of your case, explain your rights, and guide you through the complex legal process.
• 👨‍⚖️ Evidence Gathering: They can help you identify and gather crucial evidence you might not realize is relevant.
• 👨‍⚖️ Strategic Advice: They can advise you on the best course of action, whether it's filing a complaint with an administrative agency, negotiating with the employer, or pursuing litigation.
• 👨‍⚖️ Protection Against Retaliation: An attorney can help protect you from potential retaliation by the employer for asserting your rights.

🏛️ Step 4: Filing a Complaint

Your attorney will help you prepare and file a formal complaint with either the NHCHR or the EEOC. This involves detailing the alleged discriminatory act, the employer involved, and providing supporting documentation. Both agencies will investigate your claim and attempt to mediate a resolution.

Common Mistakes to Avoid

• ⚠️ Delaying Action: As mentioned, strict deadlines apply. Don't wait.
• ⚠️ Not Documenting: "He said, she said" cases are hard to prove. Consistent documentation is your best friend.
• ⚠️ Making Assumptions: Don't assume the employer knows your rights or your limitations. If you need an accommodation, you generally must inform them.
• ⚠️ Lying or Misrepresenting: Be honest and accurate in all your communications and documentation. Misrepresentation can severely harm your case.
• ⚠️ Failing to Cooperate: If you file a complaint, cooperate fully with the investigating agency and your attorney.

Potential Remedies and Compensation

If you successfully prove job denial due to disability discrimination, several remedies may be available:

• 💰 Back Pay: Compensation for wages and benefits you would have earned had you been hired, from the date of the discriminatory denial until the date of a judgment or settlement.
• 💰 Front Pay: If reinstatement to the position is not feasible, compensation for future lost earnings.
• 💰 Compensatory Damages: This can include damages for emotional distress, pain and suffering, and out-of-pocket expenses (like medical costs related to the discrimination-induced stress).
• 💰 Punitive Damages: In egregious cases, particularly under federal law, courts may award punitive damages to punish the employer for malicious or reckless conduct and deter similar future actions.
• 💰 Attorney's Fees and Costs: You may be reimbursed for your legal fees and court costs.
• 💰 Hiring: In some cases, a court may order the employer to hire you for the position.

Compensation Ranges in New Hampshire

While specific compensation data for New Hampshire disability discrimination cases is not publicly consolidated, settlements and awards can vary dramatically. Factors include the severity of economic losses (lost wages and benefits), the extent of emotional distress, and whether the employer's conduct was particularly egregious. Federal cases under the ADA, which often inform state court outcomes, can result in awards ranging from tens of thousands for smaller settlements to several hundreds of thousands, and in some rare cases, over a million dollars, particularly when punitive damages are awarded for malicious or reckless disregard of rights. For typical scenarios involving lost wages and some emotional distress, settlements often fall in the range of $20,000 to $150,000, though higher or lower amounts are possible depending on the specific facts, the employer's size, and the strength of the evidence. It is critical to understand that these figures are highly generalized, and your potential compensation will depend entirely on the unique details of your case, the strength of your evidence, and the willingness of all parties to negotiate.

Hypothetical Scenarios in New Hampshire

To illustrate how these principles apply, consider these typical situations:

Scenario 1: Failure to Accommodate at a Tech Startup

➡️ Sarah, an experienced software developer in Manchester, applies for a position at a rapidly growing tech startup. She uses a wheelchair for mobility. During the interview process, she impresses the hiring manager with her skills and experience. When she receives a conditional offer, she informs HR that she would require an accessible workstation with a height-adjustable desk and wider clear space for her wheelchair. HR responds that setting up such a station would be "too much trouble" and withdraws the offer, despite Sarah being otherwise fully qualified. This could be a clear case of disability discrimination due to a failure to provide a reasonable accommodation, as the requested accommodation is likely not an "undue hardship" for a growing tech company.

Scenario 2: Perceived Disability at a Construction Company

➡️ Mark, a skilled heavy equipment operator in Concord, applies for a job. During his interview, he mentions that he had knee surgery five years ago and now has a permanent slight limp, though it doesn't affect his ability to operate machinery or perform any physical tasks required for the job. The hiring manager, upon hearing this, visibly cringes and later tells Mark's recruiter that they are "concerned about his long-term health and ability to handle the physical demands," despite Mark assuring them he is fully capable and providing doctor's clearance. The company subsequently denies him the job, hiring a less experienced candidate. This could be discrimination based on a "regarded as" disability, where the employer made a hiring decision based on a perception of limitation rather than Mark's actual abilities.

Scenario 3: Direct Discrimination in a Retail Environment

➡️ Emily, who is hearing-impaired and uses hearing aids, applies for a retail sales associate position at a large department store in Nashua. She has excellent customer service experience. During her interview, she clearly communicates using her hearing aids, and the interview goes well. However, at the end of the interview, the store manager asks, "How would you handle customers if you can't hear them properly?" Emily explains her hearing aids are very effective and she's had no issues in previous customer-facing roles. A week later, she receives a rejection email stating they found "a better fit," but a friend who works at the store overhears the manager telling another employee that Emily was "too much of a liability with her hearing issue." This suggests direct discrimination based on her disability.

Why Legal Representation is Crucial

Navigating disability discrimination laws can be incredibly complex. Employers often have legal teams to defend their hiring practices. By engaging an attorney, you level the playing field. An experienced employment law attorney in New Hampshire can:

• 📋 Evaluate Your Case: Determine if you have a valid claim under state and federal law.
• 📋 Gather Evidence: Help you secure necessary documentation and witness testimony.
• 📋 Negotiate: Represent you in discussions and negotiations with the employer or their legal counsel, seeking a favorable settlement.
• 📋 Litigate: If a settlement isn't reached, prepare and pursue your case in court or before administrative agencies.
• 📋 Protect Your Rights: Ensure you meet all deadlines and follow proper legal procedures.

Conclusion

Disability discrimination in job denials is a serious issue that undermines equal opportunity. New Hampshire laws are in place to protect job seekers from such unfair practices. If you believe your disability played an illegal role in your job denial, do not hesitate to act. Document everything, understand your deadlines, and most importantly, seek legal counsel promptly. Taking these steps can help ensure your rights are protected and that employers are held accountable for discriminatory hiring practices.

Disclaimer: This article provides general information about employment law and is not intended as legal advice. Laws can change, and the application of law depends on the specific facts of your case. For advice on your particular situation, you should consult with a qualified attorney in New Hampshire.