Are employers allowed to maintain separate facilities or locations for males and females?

In New Hampshire, employers are allowed to maintain separate facilities or locations for males and females in certain limited circumstances. This is permitted as long as the employer can demonstrate that the separate facilities are necessary to perform the job in a safe and productive manner. For example, if a job requires the use of a physical space (such as a locker room) this could be an acceptable reason for having separate facilities. Additionally, if a job involves direct contact with clients, having separate facilities could be a means of protecting the privacy of both employees and clients. However, separate facilities or locations may not be used to create a discriminatory environment. Employers are not allowed to use separate locations to segregate employees on the basis of their gender, race, religion, national origin, or any protected characteristic. Any such practice could be considered a prohibited form of employment discrimination under the New Hampshire Human Rights Law. Additionally, employers should be aware that any separate facilities or locations should provide employees with equal opportunities and access, and should not create unequal conditions.

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