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1 New Sections; Disability Discrimination Prohibited; Remedies. Amend RSA 354-A by inserting after section 16 the following new sections:
354-A:16-a Disability Discrimination Prohibited. No otherwise qualified individual with a disability in New Hampshire, as defined in RSA 354-A:2, IV, shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal or state financial assistance. The head of each state agency shall promulgate regulations as may be necessary to carry out this section.
I. For the purposes of this section, the term ''program or activity'' means all of the operations of:
(a) A department, agency, special purpose district, or other instrumentality of the state or local government;
(b) An entity of the state or local government that distributes assistance and each such department or agency to which the assistance is extended;
(c) A college, university, or other postsecondary institution, or a public system of higher education;
(d) A local educational agency, as defined in RSA 110-D:3, IX, a system of vocational education, or other school system;
(e) An entire corporation, partnership, or other private organization, or an entire sole proprietorship if:
(1) Assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or
(2) Such corporation, partnership, private organization, or sole proprietorship is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation;
(f) An entire plant or other comparable, geographically separate facility to which federal or state financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
(g) Any other entity which is established by two or more of the entities described in this paragraph and to which any part thereof is extended federal or state financial assistance.
II. Small providers are not required under this section to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this section shall be construed with reference to the regulations existing on the date of the enactment of this section.
III. The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990, as such sections relate to employment.
354-A:16-b Remedies.
I. The remedies, procedures, and rights to bring civil action, obtain an injunction or declaratory relief, right to appeal, and right to attorneys' fees shall be available, with respect to any complaint under RSA 354-A:16-a to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In establishing an equitable or affirmative action remedy under this section, a court may take into account the reasonableness of the cost of any necessary workplace accommodation, and the availability of alternatives therefor or other appropriate relief in order to achieve an equitable and appropriate remedy.
II. The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 shall be available to any person aggrieved by any act or failure to act by any recipient of federal or state assistance or a federal or state provider of such assistance, with the exception of the remedy of compensatory damages, which shall not be available.
III. In any action or proceeding to enforce or charge a violation of a provision of RSA 354-A:16-a, the court, in its discretion, may allow the prevailing party, other than the United States or state of New Hampshire a reasonable attorney's fee as part of the costs.
2 Effective Date. This act shall take effect January 1, 2027.
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1 New Sections; Disability Discrimination Prohibited; Remedies. Amend RSA 354-A by inserting after section 16 the following new sections:
354-A:16-a Disability Discrimination Prohibited. No otherwise qualified individual with a disability in New Hampshire, as defined in RSA 354-A:2, IV, shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal or state financial assistance. The head of each state agency shall promulgate regulations as may be necessary to carry out this section.
I. For the purposes of this section, the term ''program or activity'' means all of the operations of:
(a) A department, agency, special purpose district, or other instrumentality of the state or local government;
(b) An entity of the state or local government that distributes assistance and each such department or agency to which the assistance is extended;
(c) A college, university, or other postsecondary institution, or a public system of higher education;
(d) A local educational agency, as defined in RSA 110-D:3, IX, a system of vocational education, or other school system;
(e) An entire corporation, partnership, or other private organization, or an entire sole proprietorship if:
(1) Assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or
(2) Such corporation, partnership, private organization, or sole proprietorship is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation;
(f) An entire plant or other comparable, geographically separate facility to which federal or state financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
(g) Any other entity which is established by two or more of the entities described in this paragraph and to which any part thereof is extended federal or state financial assistance.
II. Small providers are not required under this section to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this section shall be construed with reference to the regulations existing on the date of the enactment of this section.
III. The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990, as such sections relate to employment.
354-A:16-b Remedies.
I. The remedies, procedures, and rights to bring civil action, obtain an injunction or declaratory relief, right to appeal, and right to attorneys' fees shall be available, with respect to any complaint under RSA 354-A:16-a to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In establishing an equitable or affirmative action remedy under this section, a court may take into account the reasonableness of the cost of any necessary workplace accommodation, and the availability of alternatives therefor or other appropriate relief in order to achieve an equitable and appropriate remedy.
II. The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 shall be available to any person aggrieved by any act or failure to act by any recipient of federal or state assistance or a federal or state provider of such assistance, with the exception of the remedy of compensatory damages, which shall not be available.
III. In any action or proceeding to enforce or charge a violation of a provision of RSA 354-A:16-a, the court, in its discretion, may allow the prevailing party, other than the United States or state of New Hampshire a reasonable attorney's fee as part of the costs.
2 Effective Date. This act shall take effect January 1, 2027.