Revision: Nov. 6, 2023, 11:54 a.m.
2024 SESSION
24-2513.1
09/05
HOUSE BILL [bill number]
AN ACT relative to hiring, promotion, graduation, or admission in higher education.
SPONSORS: [sponsors]
COMMITTEE: [committee]
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill prohibits any institution of higher education that discriminates in admission, hiring, promotion, graduation, or admission to any program on the basis of sex, race, sexuality, national origin, ethnicity, or ideology, including but not limited to permitting diversity, equity, and inclusion statements, from accepting funds from the state or any local government or any subdivision thereof. This bill further establishes procedures for enforcement of this prohibition.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2513.1
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to hiring, promotion, graduation, or admission in higher education.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State College and University System; Prohibition on Preferential Treatment and Discrimination. Amend RSA 187-A:16-a, I(a) to read as follows:
187-A:16-a Prohibition on Preferential Treatment and Discrimination.
I.(a) Within the state college and university system, there shall be no preferential treatment or discrimination in recruiting, hiring, promotion, or admission based on race, sex, national origin, religion, or sexual orientation, pursuant to RSA 188-J.
2 Community College System of New Hampshire; Prohibition on Preferential Treatment and Discrimination. Amend RSA 188-F:3-a, I(a) to read as follows:
188-F:3-a Prohibition on Preferential Treatment and Discrimination.
I.(a) Within the state's community college system, there shall be no preferential treatment or discrimination in recruiting, hiring, promotion, or admission based on race, sex, national origin, religion, or sexual orientation, pursuant to RSA 188-J.
3 New Chapter; Hiring, Promotion, Graduation, or Admission in Higher Education. Amend RSA by inserting after chapter 188-I the following new chapter:
CHAPTER 188-J
Hiring, Promotion, Graduation, or Admission in Higher Education.
188-J:1 Prohibition on Preferential Treatment and Discrimination.
I. In this chapter, "institution of higher education" means a public, private, non-profit, or for-profit school chartered, incorporated, or otherwise organized in this state legally authorized to award a degree at an associate level or above with an established physical presence in this state.
II. Any institution of higher education that discriminates in admission, hiring, promotion, graduation, or admission to any program on basis of sex, race, sexuality, national origin, ethnicity, or ideology, including but not limited to permitting diversity, equity, and inclusion statements, shall be prohibited from accepting funds from the state or any local government or any subdivision thereof.
III. Notwithstanding paragraph II:
(a) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(b) Nothing in this section shall be interpreted as prohibiting athletic programs from designating teams by sex.
188-J:2 Enforcement.
I. The attorney general is authorized to enforce the provisions of this chapter.
II. Any citizen of the state who is or may be aggrieved or has an interest which is or may be adversely affected may commence a civil action on his or her own behalf to compel compliance with this chapter.
III. In any action under this section, the attorney general or citizen who brings suit shall have the burden to make a prima facie showing of a violation of this chapter.
IV. If the burden of proof set forth in paragraph III is met, the burden shall shift to the institution of higher education to prove, by clear and convincing evidence, that the allegation is false.
V. If a citizen prevails under this section, the state shall reimburse his or her costs of litigation, to the extent not awarded by the court.
188-J:3 Penalty for Violation.
I. Any institution of higher education that is found to have violated this chapter shall be required to return any monies from the state or any local government or any subdivision thereof received during that calendar year.
II. Any institution of higher education that is found to have violated this chapter shall further not be eligible to receive any monies from the state or any local government or any subdivision thereof for the remainder of that calendar year.
4 Effective Date. This act shall take effect January 1, 2025.