NH Supreme Court ruling makes all employees potentially liable for workplace harassment
In EEOC v. Fred Fuller Oil Co., the NH Supreme Court ruled, for the first time, that individual employees can be held personally liable for aiding and abetting workplace discrimination or engaging in retaliatory conduct under New Hampshire’s Law Against Discrimination.
The law establishes that it shall be an “unlawful discriminatory practice” for an employer with six or more employees to “refus[e] to hire or employ or to bar or discharge from employment … or to discriminate against [any] individual in compensation or in terms, conditions or privileges of employment” based upon the individual’s age, sex, race, creed, color, marital status, familial status, sexual orientation, physical or mental disability, or national origin.
The statute also prohibits “any person, employer, labor organization, employment agency, or public accommodation” from “aiding, abetting, inciting, compelling or coercing another or attempting to aid, abet, incite, compel or coerce another to commit an unlawful discriminatory practice or obstructing or preventing any person from complying with th[e statute] or any order issued under the authority of th[e statute].”
Furthermore, it prohibits retaliation against an individual who opposes workplace discrimination or who participates in any complaint proceeding opposing