TITLE XXIII
LABOR

Chapter 275-H
USE OF CRIMINAL RECORDS IN EMPLOYMENT DECISIONS

Section 275-H:1

    275-H:1 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of labor.
II. "Applicant" means a person who applies for employment for a wage, salary, fee, or payment to perform work for an employer, but excludes any person applying for employment in the domestic service of any family or person at the person's home.
III. "Employer" means any department, agency, bureau, or administrative unit of the state of New Hampshire. "Employer" shall not include:
(a) Any bank holding company, financial holding company, bank, savings bank, savings and loan association, credit union, or trust company, or any subsidiary or affiliate thereof, that is chartered by any state or the United States.
(b) Any state or local government agency which requires use of the employee's or applicant's criminal history or criminal background.

Source. 2020, 31:1, eff. Sept. 22, 2020.

Section 275-H:2

    275-H:2 Prohibition on Questions Relating to Criminal Records. –
I. Except as provided in paragraph II, no employer shall include a question on any application for employment, as to whether the applicant has ever been arrested, charged with, or convicted of any crime or violation, or adjudicated as a juvenile delinquent, except when the applicant is applying for:
(a) A position with, or related to, a law enforcement agency.
(b) A position that requires a standard fidelity bond or equivalent bond, where the applicant's conviction of a crime would disqualify the applicant from obtaining such a bond.
(c) Any other position that requires automatic disqualification of an applicant with a criminal history pursuant to federal or state law.
(d) A position with an employer who is contractually prohibited from employing any person with a criminal record.
II. An employer may inquire about an applicant's criminal history during an employment interview.

Source. 2020, 31:1, eff. Sept. 22, 2020.

Section 275-H:3

    275-H:3 Penalty. – Any employer who violates RSA 275-H:2 may be subject to a civil penalty not to exceed $2,500, to be imposed by the commissioner in accordance with the procedures established in RSA 273:11-a. Any person aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-c.

Source. 2020, 31:1, eff. Sept. 22, 2020.