RESPONDING TO NEW HAMPSHIRE HUMAN RIGHTS COMMISSION COMPLAINT

          If your business receives a letter from the New Hampshire Human Rights Commission in Concord, New Hampshire, informing you of a complaint of discrimination filed by a former employee and your need to respond by a specific date, it is generally wise to contact your employment counsel, rather than attempting to go it alone. 

          Investigators at the New Hampshire Human Rights Commission truly attempt to ascertain the truth of the allegations.  Therefore, you should provide whatever information and documents, such affidavits from current and/or former co-employees of the claimant, performance evaluations, written warnings, customer complaints, or other documents, supporting your contention that the employee was not discriminated against.  It is usually wise to provide such detailed information and documents up front to both the investigator and the claimant.  The response statement you are required to submit to the Commission must be verified under oath and, of course, must be truthful. 

          The Commission has a mediation process and there is also private mediation available to try to resolve cases.  The investigator will request names and numbers of current and former employees and perhaps other third-party witnesses in order to verify what they have stated in their affidavits or otherwise obtain information as to the claimant’s claims and the business’ defenses.  The employee and third-party contact information can generally be kept confidential so that the claimant cannot call these individuals at home and possibly interfere with the investigation. 

          The investigator encourages the parties to attempt to resolve the matter amicably. However, if that does not occur, then after completing the investigation, he/she will either find that there is probable cause to proceed forward with the claim or will issue a finding of no probable cause.  If there is a finding of no probable cause, the state law claim of the claimant is over, yet, the complaint may still have the right to proceed forward with a federal claim.  If the claimant filed the complaint with the Commission without an attorney, often the claimant will wait to see what the probable cause finding is.  If it is found that there is no probable cause finding, the case often ends as the claimant would in all likelihood not be able to find a lawyer, even if he was inclined to do so, to present any federal claim. 

          As an employer, the best way to address these complaints is honestly and directly.  Helping an investigator obtain that relevant information is generally easier if you have your employment counsel assisting you in logically and systematically providing the detailed information the investigator needs to determine the truth and how it affects the claimant’s claims of discrimination.

J. Daniel Marr is a Director and Shareholder at Hamblett & Kerrigan, P.A. His legal practice includes counseling businesses and individuals on a variety of legal issues and advocating on their behalf.  Attorney Marr is licensed and practices in both New Hampshire and Massachusetts.  Attorney Marr can be reached at dmarr@nashualaw.com.

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