SB 300-FN - AS INTRODUCED

2022 SESSION

22-2992

07/08

SENATE BILL 300-FN

AN ACT relative to the state commission for human rights.

SPONSORS: Sen. Avard, Dist 12; Sen. Giuda, Dist 2; Rep. Ammon, Hills. 40; Rep. Homola, Hills. 27; Rep. Hill, Merr. 3

COMMITTEE: Judiciary

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ANALYSIS

This bill defines and includes the refusal of an experimental drug in the protections provided under the state commission for human rights.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2992

07/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to the state commission for human rights.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  New Paragraph; State Commission for Human Rights; Definitions.  Amend RSA 354-A:2 by inserting after paragraph XV the following new paragraph:

XVI.  "Experimental drug" includes any concoction of any kind designed to be inserted or ingested by humans where said concoction includes legal immunity from any adverse effects up to, and including, death for the manufacturer, provider, medical, staff, pharmacists, government employees or contractors, or any other person or entity making, using, injecting, or otherwise distributing such concoction.

2  State Commission for Human Rights; Opportunity for Employment Without Discrimination a Civil Right; Inclusion of Refusal of Experimental Drug.  Amend RSA  to read as follows:

354-A:6  Opportunity for Employment Without Discrimination a Civil Right.  The opportunity to obtain employment without discrimination because of age, sex, gender identity, race, creed, color, marital status, physical or mental disability, [or] national origin, or the refusal to accept, ingest, or otherwise participate in the use of an experimental drug is hereby recognized and declared to be a civil right.  In addition, no person shall be denied the benefits of the rights afforded by this section on account of that person's sexual orientation.

3  State Commission for Human Rights; Equal Employment Opportunity; Inclusion of Experimental Drug Refusal.  Amend RSA 354-A:7, I 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 the refusal to accept, ingest, or otherwise participate in the use of an experimental drug.

4  State Commission for Human Rights; Equal Employment Opportunity; Inclusion of Experimental Drug Refusal.  Amend RSA 354-A:7, II to read as follows:

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 the refusal to accept, ingest, or otherwise participate in the use of an experimental drug.

5  State Commission for Human Rights; Equal Employment Opportunity; Inclusion of Experimental Drug Refusal.  Amend RSA 354-A:7, III to read as follows:

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 the refusal to accept, ingest, or otherwise participate in the use of an experimental drug.

6  State Commission for Human Rights; Fair Housing; Inclusion of Experimental Drug Refusal.  Amend RSA 354-A:10, I to read as follows:

I.  To refuse to sell or rent after the receipt of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling or commercial structure to any person because of age, sex, gender identity, race, color, marital status, familial status, physical or mental disability, religion or national origin.  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 the refusal to accept, ingest, or otherwise participate in the use of an experimental drug.

7  State Commission for Human Rights; Fair Housing; Inclusion of Experimental Drug Refusal.  Amend RSA 354-A:10, II to read as follows:

II.  Discriminate against any person in the terms, conditions, or privilege of sale or rental of a dwelling or commercial structure, or in the provision of services or facilities in connection therewith, because of age, sex, gender identity, race, color, marital status, familial status, physical or mental disability, religion or national origin.  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 the refusal to accept, ingest, or otherwise participate in the use of an experimental drug.

8  State Commission for Human Rights; Fair Housing; Inclusion of Experimental Drug Refusal.  Amend RSA 354-A:10, III to read as follows:

III.  To make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement, with respect to the sale or rental of a dwelling or commercial structure that indicates any preference, limitation, or discrimination based on age, sex, gender identity, race, color, marital status, familial status, physical or mental disability, religion or national origin, or an intention to make any such preference, limitation or discrimination.  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 the refusal to accept, ingest, or otherwise participate in the use of an experimental drug.

9  State Commission for Human Rights; Equal Access to Public Accommodations a Civil Right; Inclusion of Experimental Drug Refusal.  Amend RSA 354-A:16 to read as follows:

354-A:16  Equal Access to Public Accommodations a Civil Right.  The opportunity for every individual to have equal access to places of public accommodation without discrimination because of age, sex, gender identity, race, creed, color, marital status, physical or mental disability or national origin is hereby recognized and declared to be a civil right.  In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person's sexual orientation or the refusal to accept, ingest, or otherwise participate in the use of an experimental drug.

10  State Commission for Human Rights; Public Accommodations; Inclusion of Experimental Drug Refusal.  Amend RSA 354-A:17 to read as follows:

354-A:17  Unlawful Discriminatory Practices in Public Accommodations.  It shall be an unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, because of the age, sex, gender identity, race, creed, color, marital status, physical or mental disability or national origin of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof; or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld from or denied to any person on account of age, sex, gender identity, race, creed, color, marital status, physical or mental disability or national origin; or that the patronage or custom thereat of any person belonging to or purporting to be of any particular age, sex, gender identity, race, creed, color, marital status, physical or mental disability or national origin is unwelcome, objectionable or acceptable, desired or solicited.  In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person's sexual orientation or the refusal to accept, ingest, or otherwise participate in the use of an experimental drug.

11  State Commission for Human Rights; Construction; Inclusion of Experimental Drug Refusal.  Amend RSA 354-A:25 to read as follows:

354-A:25  Construction.  No provision of this chapter shall be deemed to supersede any other provision of law for the protection of minors or for the regulation of the employment of minors.  The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof.  Nothing contained in this chapter shall be deemed to repeal any of the provisions of the civil rights law or any other law of this state relating to discrimination because of age, sex, gender identity, race, creed, color, marital status, physical or mental disability, [or] national origin, or the refusal to accept, ingest, or otherwise participate in the use of an experimental drug; but, as to acts declared unlawful by this chapter the procedure provided in this chapter shall, while pending, be exclusive and the final determination therein shall exclude any other action, civil or criminal, based on the same grievance of the individual concerned.  If such individual institutes any action based on such grievance without resorting to the procedure provided in this chapter, such person may not subsequently resort to the procedure in this chapter, provided, however, that nothing in this section shall prevent any individual from applying for or receiving unemployment compensation while the procedure provided for in this chapter is pending or after the procedure provided in this chapter has been concluded.  This section shall not prevent the commission for human rights from investigating and acting upon a complaint of discrimination when the complainant has also filed a claim for unemployment compensation in which the issue of illegal discrimination is raised.

12  State Commission for Human Rights; Opportunity for Public Education without Discrimination  a Civil Right; Inclusion of Experimental Drug Refusal.  Amend RSA 354-A:27 to read as follows:

354-A:27  Opportunity for Public Education Without Discrimination a Civil Right.  No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion, [or] national origin, or the refusal to accept, ingest, or otherwise participate in the use of an experimental drug, all as defined in this chapter.

13  Effective Date.  This act shall take effect January 1, 2023.

LBA

22-2992

12/1/21

SB 300-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the state commission for human rights.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill defines and includes the refusal of an experimental drug in the protections provided

under the state commission for human rights.

The Human Rights Commission indicates this bill seeks to expand RSA 354-A to include individuals who may refuse to accept the use of an experimental drug as a protected class of people in New Hampshire.  The bill would provide anti-discrimination protections in the areas of employment, housing, public accommodation, and K-12 education.  The Human Rights Commission states it is unknown how many new cases may result from this bill.  Therefore, the Commission has no information at present to determine if additional resources or staff will be needed.

The Department of Justice indicates this bill would amend RSA 354-A by adding the definition of “experimental drug” and a new provision that would include the refusal of an experimental drug in the protections provided under the state commission for human rights.  The Department has no information on how many additional complaints, investigations or appeals may result from the proposed amendment to the Commission for Human rights statute and states the financial impact is indeterminable.

AGENCIES CONTACTED:

Human Rights Commission and Department of Justice