New Hampshire § 21-I-52 - Section 21-I:52 Prohibitions; Penalty.

§ 21-I-52. Section 21-I:52 Prohibitions; Penalty.

I. No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of the person's political opinions, religion, religious beliefs or affiliations, age, sex, gender identity, sexual orientation, national origin, or race. Additionally, except as provided in paragraph I-a, there shall be no preferential treatment or discrimination in recruiting, hiring, or promotion based on race, sex, gender identity, sexual orientation, national origin, religion, or religious beliefs. Nothing in this section shall require the appointment or prevent the dismissal of any person who advocates the overthrow of the government by unconstitutional and violent means. No person shall use, or promise to use directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. I-a. Notwithstanding the prohibition on preferential treatment or discrimination in paragraph I: (a) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting. (b) Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section. II. If any person in state service shall willfully violate this section, his position of service with the state shall be declared vacant by the governor and council.