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2021 Op. N.H. Att'y Gen. 1 (2021)

handle is hein.sag/sagnh0055 and id is 1 raw text is: ATTORNEY GENERAL DEPARTMENT OF JUSTICE 33 CAPITOL STREET CONCORD, NEW HAMPSHIRE 03301-6397 JOHN M. FORMELLA JANE E. YOUNG ATTORNEY GENERAL DEPUTY ATTOrRNEY GENERAL ATTORNEY GENERAL OPINION NO. 2021-01 September 7, 2021 Doug Palardy, Chair Ahni Malachi, Executive Director New Hampshire Commission for Human Rights 2 Industrial Park Drive, Building One Concord, NH 03301 RE: Request for Attorney General's Opinion regarding new anti-discrimination protections Dear Chair Palardy and Director Malachi: You requested, on behalf of the New Hampshire Commission for Human Rights, that this office provide an official Attorney General Opinion concerning the scope and application of the recently passed Sections 297 and 298 of House Bill 2 (Sections 297 and 298),' to be codified at RSA 354-A:29, RSA 354-A:30, RSA 354-A:31, RSA 354-A:32, RSA 354-A:33, RSA 354- A:34; and RSA 193:40. These statutes collectively comprise a subdivision in RSA chapter 354-A titled Right to Freedom from Discrimination in Public Workplaces and Education and new section in RSA chapter 193 titled Prohibition on Teaching Discrimination. Some have voiced concerns that these new statutes are confusing and that public employers and schools will struggle to understand the scope of the new prohibitions. See Governor's Advisory Council on Diversity and Inclusion, Letter to Gov. re HB 544 (June 2, 2021). To help address these concerns, the Department of Justice, Commission for Human Rights, and the Department of Education released guidance shortly after the new anti- discrimination laws took effect. Recognizing the important need for public employers, government programs, and school systems to engage in sensitivity training that may include frank and candid discussions of the historical aspects of oppression and its contemporary effects, you requested that this office provide an official Attorney General Opinion. The Commission for Human Rights (the Commission) was created with the power to eliminate and prevent discrimination in employment, places of public accommodation, housing, Before final passage by the legislature, this legislation was included in HB 2 as Section 330 and 330-a. The final version of HB 2 includes the legislation at Section 297 and 298. Telephone 603-271-3658 FAX 603-271-2110 0 TDD Access: Relay NH 1-800-735-2964

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