New Hampshire Employment Screening Overview
New Hampshire is relatively employer-friendly for background screening. Following the repeal of RSA 275-H effective July 1, 2025, New Hampshire no longer has a statewide ban-the-box law for public or private employers.
Private employers have broad flexibility in conducting background checks, but should be aware that medical cannabis users may be entitled to reasonable accommodations under state disability law (Paine v. Ride-Away, 2022), and federal requirements (including the Fair Chance Act for federal contractors) plus any local ordinances still apply.
What's Permitted
- Criminal history inquiries permitted at any stage of hiring for all employers (RSA 275-H repealed July 1, 2025)
- Salary history inquiries generally permitted for private employers
- Credit checks for employment generally permitted without state restrictions
- E-Verify use voluntary for most private employers statewide
What's Prohibited
- Inquiring about annulled arrests or convictions on any employment application
- Requiring employees to pay for employer-mandated drug or alcohol testing costs
- Prohibiting employees from discussing or disclosing their wages with coworkers
Ban the Box Laws
NoStatus Summary
As of Jan 2026, New Hampshire has no statewide ban-the-box; RSA 275:37-c/275-H were repealed July 1, 2025. Local policies may vary (e.g., Barrington). Federal contractors must follow the Fair Chance Act. https://www.barrington.nh.gov/hr/personnelplan https://aspe.hhs.gov/sites/default/files/private/p...
Key Requirements
New Hampshire RSA 275:37-c / RSA 275-H (repealed July 1, 2025)
As of January 2026, the state law was repealed:
- Applied only to public employers
- No criminal questions on applications
- No checks before initial interview
- Civil penalties up to $2,500
- Enforced by NH Department of Labor
Sources: https://www.barrington.nh.gov/hr/personnelplan , https://www.ci.durham.nh.us/fridayupdate/friday-up...
Fair Chance to Compete for Jobs Act (federal)
Applies to federal contractors and agencies:
- No criminal questions before offer
- Background checks after conditional offer
- Covers federal agencies and contractors
- Stricter than prior state rule
Source: https://aspe.hhs.gov/sites/default/files/private/p...
Ban the Box Best Practices for New Hampshire Employers
- Note: New Hampshire's ban-the-box law (RSA 275-H) was repealed July 1, 2025; no statewide BTB mandate currently applies
- Follow Fair Chance Act rules if a federal contractor
- As a voluntary best practice, consider delaying criminal-history questions until after an interview or conditional offer
- Delay background checks until after conditional offer when possible
- Use individualized, documented, job-related assessments for convictions
Salary History Ban
NoHB 211 (2019 proposed salary-history ban)
Proposed statewide salary-history ban (vetoed):
- Would have barred pre-offer salary inquiries.
- Passed legislature; vetoed by governor.
- Not enacted into law.
Source: https://ashland.nh.gov/uploads/job-application-per...
RSA 275:37 — Equal Pay Act
State equal-pay law; addresses pay discrimination:
- Prohibits sex-based wage discrimination.
- Defines “equal work” standards.
- Prior salary not permissible justification.
- Cannot reduce others’ wages to comply.
Source: https://www.gencourt.state.nh.us/rsa/html/XXIII/27...
RSA 275:41-b — Pay Disclosure Protection
Protects employee wage discussions and disclosures:
- Bars mandatory wage nondisclosure conditions.
- Employees may freely disclose wages.
- Applies to all employers statewide.
Source: https://www.gencourt.state.nh.us/rsa/html/XXIII/27...
RSA 275:38-a — Non‑Retaliation Provision
Prohibits adverse actions for wage discussions:
- Forbids retaliation for wage inquiries.
- Protects discussion and disclosure of wages.
- HR/payroll confidentiality narrow exception.
Source: https://www.gencourt.state.nh.us/rsa/html/XXIII/27...
RSA 275:49 — Wage Notification & Records
Requires written wage information and records:
- Written pay notice at hire.
- Advance notice for wage changes.
- Employers must retain wage records.
Source: https://www.gencourt.state.nh.us/rsa/html/XXIII/27...
Salary History Best Practices for New Hampshire Employers
- Do not rely solely on prior salary for setting pay
- Focus compensation on market rates, skills, and experience
- Provide written wage notification at hire and before changes
- Prohibit pay secrecy; prevent retaliation for wage discussions
- Follow stricter salary-history rules when hiring across jurisdictions
Consumer Credit Checks
NoNo New Hampshire law bans private-employer credit checks. Credit-check bills (HB 293 vetoed; HB 1385 killed) failed. FCRA and RSA 359-B (7-year/$20,000) apply. https://oui.doleta.gov/unemploy/content/strpt02-2....
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal baseline for employment credit and background reports:
- Written notice and authorization required
- Adverse-action pre- and post-notice required
- Seven-year limit for non-conviction arrests
- Convictions reportable regardless of age
- Applies to consumer reporting agencies
Source: https://oui.doleta.gov/unemploy/content/strpt02-2....
New Hampshire Revised Statutes Chapter 359-B (NH consumer-reporting rules)
State-level consumer-reporting overlay to FCRA:
- Requires FCRA compliance plus state rules
- Seven-year reporting limit under $20,000
- Prohibits reporting annulled convictions
- Liability for unauthorized disclosures
Source: https://www.sau21.nh.gov/departments/human-resourc...
House Bill 253 (2020) — Ban-the-Box (public employers)
Limits criminal-history inquiries by public employers:
- No criminal-history questions on applications
- Inquiries allowed during interviews or post-offer
- Exceptions for law enforcement and bond-related roles
- Civil penalties up to $2,500
Source: https://www.barrington.nh.gov/hr/personnelplan, https://www.dover.nh.gov/government/city-operation...
State credit-check legislation (SB 295; HB 293; HB 1385; SB 298)
Legislative efforts addressing employer credit checks:
- No statewide ban on private credit checks
- HB 293 vetoed by governor
- HB 1385 defeated in House
- SB 298 passed Senate, status uncertain
Source: https://www.puc.state.nh.us/Regulatory/Docketbk/20... https://www.puc.state.nh.us/Regulatory/CASEFILE/20...
Credit Check Best Practices for New Hampshire Employers
- No New Hampshire ban on private-employer credit checks.
- Comply with FCRA notice, authorization, and adverse-action procedures.
- Use credit checks only for job-related, bona fide business reasons.
- Apply policies consistently; document individualized assessments and business necessity.
- Monitor New Hampshire legislation and federal guidance for changes.
Marijuana Protection
Medicinal Marijuana
RSA 126‑X permits registered therapeutic cannabis use; employers may discipline on‑site or on‑duty use. Paine v. Ride‑Away (N.H. 2022) recognizes that off‑duty medical cannabis can, in limited cases, be a reasonable accommodation under RSA 354‑A.
Recreational Marijuana
No state protections for recreational cannabis in New Hampshire; employers may prohibit recreational use and discipline based on positive tests. Only therapeutic cannabis is statutorily addressed (RSA 126‑X).
Drug Testing Regulations
As of January 2026, New Hampshire has no comprehensive private‑employer drug‑testing statute; workplace testing is governed by federal law (Drug‑Free Workplace Act; DOT rules), workers' compensation, disability law, and RSA 126‑X, which does not require workplace accommodation for medical cannabis.
Permitted Testing Types
Pre-Employment
Permitted after a conditional offer of employment.
Random Testing
Permitted generally; public employees limited; DOT mandatory.
Reasonable Suspicion
Permitted with specific, contemporaneous, articulable observations.
Post Accident
Permitted; must not impede workers' compensation; DOT-authorized.
Workers' Compensation Discount
NH law can bar compensation when intoxication proximately causes injury, unless employer actually knew of the intoxication.
Post-accident testing can evidence intoxication, but employers must follow federal law and bear costs of non-required tests.
Best Practices
- Maintain written drug-free workplace policy and awareness programs
- Comply with federal DFW Act and DOT testing requirements
- Employers must pay for non-required drug testing
- Use MRO, chain-of-custody, and confirmatory testing before action
- Consider disability accommodations, including off-duty medical cannabis
Clean Slate Laws
NoNH (RSA 651:5): post-1/1/2019 non-convictions are subject to automatic annulment though courts use a petition process; convictions require petition (violations 1y; B misdemeanor 2y; A misdemeanor 3y; B felony 5y; A felony 10y). New Hampshire's ban-the-box law (RSA 275-H) was repealed effective July 1, 2025. https://newhampshirecourtrecords.us/criminal-court... https://law.justia.com/codes/new-hampshire/title-x...
E-Verify Requirements
VoluntaryWho Must Use E-Verify
Private Employers [Immigration Reform and Control Act (Form I‑9); N.H. RSA 275‑A:4‑b]
Not required to use E‑Verify; must complete federal Form I‑9 per IRCA; RSA 275‑A:4‑b provides limited employer protection for verification reliance. https://www.ice.gov/factsheets/i9-inspection https://law.justia.com/codes/new-hampshire/title-x...
Federal Contractors [Federal procurement requirements / E‑Verify clauses]
May be required to use E‑Verify when federal contracts mandate it; otherwise New Hampshire employers remain subject only to Form I‑9 requirements. https://www.bakerdonelson.com/easy-guide-new-hamps...
Any other relevant groups [N.H. RSA §151:2‑d]
Healthcare/residential care employees require criminal record checks under N.H. RSA §151:2‑d; E‑Verify is not mandated by that statute. https://law.justia.com/codes/new-hampshire/title-x...
Background Check Regulations
Federal FCRA requirements govern consumer background checks, but New Hampshire also imposes state statutes and agency rules that add requirements or limits for certain employers/positions; employers should follow both federal law and applicable NH statutes and agency rules.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days