Are employers allowed to set different standards or expectations for employees based on their sex?
In New Hampshire, employers are allowed to set different standards for employees based on their sex in certain circumstances. Under the New Hampshire Equal Rights Law, employers cannot discriminate against an employee based on their sex. This means employers cannot set different standards or requirements for employees based on their sex when the requirements are "unequal or unreasonable". However, employers are allowed to set different standards or expectations for employees of different sexes if the differences are based on a legitimate business purpose that is “necessary to the normal operation of the business.” For example, if a business requires its male employees to wear a specific uniform due to certain safety regulations, the business can require female employees to abide by the same rule. Furthermore, employers may also be allowed to set different standards or expectations for employees of different sexes if they are based on “the natural physical differences between the sexes which are reasonably related to the job or occupation in question.” This means that, for instance, employers could set different requirements for physical strength for certain jobs based on sex, if such differences are necessary for the job. Ultimately, employers are allowed to set different standards or expectations for employees of different sexes, but only in certain circumstances. Any differences must be based on legitimate business reasons, or on job-related physical differences between sexes. Otherwise, employers in New Hampshire are required to treat employees equally regardless of their sex.
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