Age Discrimination

NH law protects employees against age discrimination, regardless of age. Unlike federal law, which extends protection only to those 40 years of age and older, state law protects against age discrimination at any age. 

Reasonable Factor Other Than Age

• Policies and practices which are facially neutral regarding age but have a negative impact on employees 40 years of age and older may be discriminatory unless the employer can prove the policy or practice is based on a Reasonable Factor Other than Age (RFOA).
• A policy or practice is based on a RFOA when it is reasonably designed and implemented to achieve a legitimate business purpose.