New Hampshire HB 1593: relative to nondiscrimination due to disability.

Bill Text

HB 1593-FN - AS INTRODUCED

2026 SESSION

 26-2932

 12/09

HOUSE BILL 1593-FN

AN ACT relative to nondiscrimination due to disability.

SPONSORS: Rep. Cornell, Hills. 22; Rep. Damon, Sull. 8; Rep. Selig, Straf. 10; Rep. M. Murray, Hills. 37; Rep. M. Hall, Merr. 9; Rep. Balboni, Rock. 38; Rep. Bricchi, Merr. 15; Sen. Long, Dist 20

COMMITTEE: Judiciary

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ANALYSIS

 This bill codifies the language of section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based on disability by recipients and providers of state or federal financial assistance. The bill also codifies remedies available under section 505, which includes reasonable attorneys' fees for certain prevailing parties.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2932

 12/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to nondiscrimination due to disability.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Sections; Disability Discrimination Prohibited; Remedies. Amend RSA 354-A by inserting after section 16 the following new sections: 

 354-A:16-a Disability Discrimination Prohibited. No otherwise qualified individual with a disability in New Hampshire, as defined in RSA 354-A:2, IV, shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal or state financial assistance. The head of each state agency shall promulgate regulations as may be necessary to carry out this section. 

 I. For the purposes of this section, the term ‘‘program or activity’’ means all of the operations of: 

 (a) A department, agency, special purpose district, or other instrumentality of the state or local government;

 (b) An entity of the state or local government that distributes assistance and each such department or agency to which the assistance is extended; 

 (c) A college, university, or other postsecondary institution, or a public system of higher education; 

 (d) A local educational agency, as defined in RSA 110-D:3, IX, a system of vocational education, or other school system;

 (e) An entire corporation, partnership, or other private organization, or an entire sole proprietorship if: 

 (1) Assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or 

 (2) Such corporation, partnership, private organization, or sole proprietorship is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; 

 (f) An entire plant or other comparable, geographically separate facility to which federal or state financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or 

 (g) Any other entity which is established by two or more of the entities described in this paragraph and to which any part thereof is extended federal or state financial assistance. 

 II. Small providers are not required under this section to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this section shall be construed with reference to the regulations existing on the date of the enactment of this section. 

 III. The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990, as such sections relate to employment. 

 354-A:16-b Remedies. 

 I. The remedies, procedures, and rights to bring civil action, obtain an injunction or declaratory relief, right to appeal, and right to attorneys' fees shall be available, with respect to any complaint under RSA 354-A:16-a to any employee or applicant for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In establishing an equitable or affirmative action remedy under this section, a court may take into account the reasonableness of the cost of any necessary workplace accommodation, and the availability of alternatives therefor or other appropriate relief in order to achieve an equitable and appropriate remedy.