Anti-Discrimination Law - NEW HAMPSHIRE

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DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

The New Hampshire Commission for Human Rights provides that "it shall be 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, race, creed, color, marital status, physical or mental handicap 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..." NH R.S.A 354-A. Any person whose exercise or enjoyment of rights secured by the Constitution or laws of the United States has been interfered with, or attempted to be interfered with may institute and prosecute a civil action for injunctive and other appropriate equitable relief. The U.S. Supreme Court ruled in the case of Cohen v. California, 403 US 15 (1971) that individuals have the constitutional right under the First Amendment to wear clothing which displays writing or designs. In addition, the right of an individual to freedom of association has long been recognized and protected by the United States Supreme Court Thus, a person's right to wear the clothing of his choice, as well as his right to belong to any club or organization of his choice is constitutionally, protected, and persons or establishments who discriminate on the basis of clothing or club membership are subject to lawsuit.

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NCOM Region

REGION VIII : Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island, Vermont

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