Information for Attorneys Practicing Before the Commission

• Format: Charges of Discrimination must be filed utilizing the EEOC’s Charging Form (Form 5). If you are in need of the form, please contact us.
• Don’t forget to file a letter of appearance with the Charge of Discrimination. (N.H. Admin. R. PART Hum 205.01)
• Complainant: The Complainant’s name, address and telephone number must be part of the Charge. Complainant’s date of birth does not have to be part of the Charge unless the issue is age discrimination. If the claim is age-based, only the Complainant’s year of birth should be listed as a way to protect Complainant’s personally identifiable information.
• Dates: A Charge must include first and last dates of discrimination. Each date must be listed as month/date/year. As a reminder, a terminated employee cannot have a “continuing action” as the employer/employee relationship is severed.
• Naming Respondent(s): Respondent(s) must be named by their proper legal name. The Commission suggests utilizing the NH Secretary of State’s “Business Name Lookup” to confirm information. Properly naming a Respondent saves the Commission and you from the process of amending the Charge.
• Number of employees: Care is taken to investigate the number of employees employed by Respondent to assist with determining state and federal jurisdiction.
• Particulars/Allegations: The allegations are written in brief, succinct numbered paragraphs and include the prima facie elements of the alleged discriminatory basis.
• Verification Complainant’s signature must be witnessed by a Notary or Justice of the Peace.

Tips for attorneys representing respondent(s)

• Don’t forget to file a letter of appearance with the Respondent’s Answer. (N.H. Admin. R. PART Hum 205.01)
• Respondent’s Answer: Respondent’s Answer must be signed by a representative of Respondent who has knowledge or access to knowledge of the allegations made by the Complainant. The Answer must be verified before a Notary or Justice of the Peace. Respondent’s answer should include EEO policies, a redacted personnel file, and any additional exhibits that demonstrate Respondent can prove its defense. A copy of the Answer must be provided to Complainant or Complainant’s attorney, minus confidential information, per HUM 219.01, including witness lists.

Investigations

Currently the Commission has a backlog of cases. Once a case is assigned to an Investigator, they will contact both parties.

• Responsiveness: The Commission appreciates timely responses to Investigator’s requests for information and/or prompt contact requesting extensions to deadlines.
• Witnesses: Any witness who holds a managerial position is entitled to representation during their interview, per HUM 209.01(e). Attorneys are encouraged to submit witness affidavits on behalf of their client, regardless of if the investigation has begun or not. As there is a backlog, obtaining affidavits early on may alleviate any concerns of memory over time.
• Communication: Attorneys who are in negotiations to settle a dispute, or intend to remove to court, please inform the Investigator so they may re-prioritize their case list. This goes to the greater good of all citizens with matters before the Commission. A withdrawal form can be found here.