Text to be removed highlighted in red.
1 New Section; Statutory Construction; Political Affiliation or Opinion. Amend RSA 21 by inserting after section 55 the following new section:
21:56 Political Affiliation or Opinion. "Political affiliation or opinion" means a person's actual or perceived membership in, support for, opposition to, or expression of a political party, candidate, ideology, viewpoint, or activity protected under the First Amendment to the United States Constitution or part I, article 22 of the New Hampshire constitution.
2 New Paragraph; State Commission for Human Rights; Definitions. Amend RSA 354-A:2 by inserting after paragraph XV the following new paragraph:
XVI. "Political affiliation or opinion" shall have the same meaning as in RSA 21:56.
3 Unlawful Discriminatory Practices. Amend RSA 354-A:7, I-III to read as follows:
I. For an employer, because of the age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, or national origin of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation .
II. For a labor organization, because of the age, sex, gender identity, race, color, marital status, physical or mental disability, creed, or national origin of any individual, to exclude from full membership rights or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, unless based upon a bona fide occupational qualification. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation .
III. For any employer or employment agency to print or circulate or to cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry or record in connection with employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed or national origin or any intent to make any such limitation, specification or discrimination in any way on the ground of age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed or national origin, unless based upon a bona fide occupational qualification; provided, however, that nothing in this chapter shall limit an employer after the offer of hire of an individual from inquiring into and keeping records of any existing or pre-existing physical or mental conditions. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation .
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 economic harm based on an individual's political affiliation or opinion shall be guilty of a class A misdemeanor.
5 New Subparagraph; Harassment. Amend RSA 644:4, I by inserting after subparagraph (f) the following new subparagraph:
(g) With the purpose to harass, annoy, or alarm another based on the person's political affiliation or opinion as defined in RSA 21:56, engages in a course of conduct that would cause a reasonable person to suffer substantial emotional distress or fear for their safety, employment, or economic well-being, including but not limited to repeated unwanted communications, doxxing, or publicizing private information.
6 New Paragraph; Harassment. Amend RSA 644:4 by inserting after paragraph IV the following new paragraph:
V. A violation of subparagraph I(g) shall be a class B felony if it results in actual economic harm, such as loss of employment, or involves a threat of physical violence.
7 New Section; Politically Motivated Interference. Amend RSA 631 by inserting after section 4-b the following new section:
631:4-c Politically Motivated Interference.
I. A person is guilty of politically motivated interference if, with the purpose to harass or intimidate based on another person's political affiliation or opinion as defined in RSA 21:56, the person:
(a) Threatens or attempts to cause economic harm, including interference with the victim's employment, business, or contractual relations; or
(b) Engages in conduct that causes actual economic harm to the victim, such as by disseminating false or private information to an employer or business associate.
II. Politically motivated interference is a class A misdemeanor. If the conduct results in physical injury or property damage, it is a class B felony.
III. This section shall not apply to conduct protected by the First Amendment to the United States Constitution or part I, article 22 of the New Hampshire constitution, such as peaceful protests or petitions.
8 Extended Term of Imprisonment. Amend RSA 651:6, I(f) to read as follows:
(f) Was substantially motivated to commit the crime because of hostility towards the victim's religion, race, creed, sexual orientation as defined in RSA 21:49, national origin, sex, or gender identity as defined in RSA 21:53 ;
9 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Section; Statutory Construction; Political Affiliation or Opinion. Amend RSA 21 by inserting after section 55 the following new section:
21:56 Political Affiliation or Opinion. "Political affiliation or opinion" means a person's actual or perceived membership in, support for, opposition to, or expression of a political party, candidate, ideology, viewpoint, or activity protected under the First Amendment to the United States Constitution or part I, article 22 of the New Hampshire constitution.
2 New Paragraph; State Commission for Human Rights; Definitions. Amend RSA 354-A:2 by inserting after paragraph XV the following new paragraph:
XVI. "Political affiliation or opinion" shall have the same meaning as in RSA 21:56.
3 Unlawful Discriminatory Practices. Amend RSA 354-A:7, I-III to read as follows:
I. For an employer, because of the age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed, or national origin of any individual, to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation or that person 's political affiliation or opinion .
II. For a labor organization, because of the age, sex, gender identity, race, color, marital status, physical or mental disability, creed, or national origin of any individual, to exclude from full membership rights or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, unless based upon a bona fide occupational qualification. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of that person's sexual orientation or that person 's political affiliation or opinion .
III. For any employer or employment agency to print or circulate or to cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry or record in connection with employment, which expresses, directly or indirectly, any limitation, specification or discrimination as to age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed or national origin or any intent to make any such limitation, specification or discrimination in any way on the ground of age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed or national origin, unless based upon a bona fide occupational qualification; provided, however, that nothing in this chapter shall limit an employer after the offer of hire of an individual from inquiring into and keeping records of any existing or pre-existing physical or mental conditions. In addition, no person shall be denied the benefit of the rights afforded by this paragraph on account of 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 economic harm based on an individual's political affiliation or opinion shall be guilty of a class A misdemeanor.
5 New Subparagraph; Harassment. Amend RSA 644:4, I by inserting after subparagraph (f) the following new subparagraph:
(g) With the purpose to harass, annoy, or alarm another based on the person's political affiliation or opinion as defined in RSA 21:56, engages in a course of conduct that would cause a reasonable person to suffer substantial emotional distress or fear for their safety, employment, or economic well-being, including but not limited to repeated unwanted communications, doxxing, or publicizing private information.
6 New Paragraph; Harassment. Amend RSA 644:4 by inserting after paragraph IV the following new paragraph:
V. A violation of subparagraph I(g) shall be a class B felony if it results in actual economic harm, such as loss of employment, or involves a threat of physical violence.
7 New Section; Politically Motivated Interference. Amend RSA 631 by inserting after section 4-b the following new section:
631:4-c Politically Motivated Interference.
I. A person is guilty of politically motivated interference if, with the purpose to harass or intimidate based on another person's political affiliation or opinion as defined in RSA 21:56, the person:
(a) Threatens or attempts to cause economic harm, including interference with the victim's employment, business, or contractual relations; or
(b) Engages in conduct that causes actual economic harm to the victim, such as by disseminating false or private information to an employer or business associate.
II. Politically motivated interference is a class A misdemeanor. If the conduct results in physical injury or property damage, it is a class B felony.
III. This section shall not apply to conduct protected by the First Amendment to the United States Constitution or part I, article 22 of the New Hampshire constitution, such as peaceful protests or petitions.
8 Extended Term of Imprisonment. Amend RSA 651:6, I(f) to read as follows:
(f) Was substantially motivated to commit the crime because of hostility towards the victim's religion, race, creed, sexual orientation as defined in RSA 21:49, national origin, sex, gender identity as defined in RSA 21:53 or political affiliation or opinion as defined inRSA 21:56 ;
9 Effective Date. This act shall take effect January 1, 2027.