Filing a Workplace Harassment Complaint in New Hampshire
Reviewed by DocDraft Legal Team - New Hampshire - Last updated September 15, 2026
Most readers arrive assuming the state gives them more time than the federal government does. In New Hampshire it is the other way around. RSA 354-A:21, III requires a complaint to be filed with the New Hampshire Commission for Human Rights within 180 days after the alleged act of discrimination. Because the commission enforces a parallel law, the EEOC charge period for the same worker extends to 300 days. A New Hampshire worker on day 200 has lost the state claim and still has the federal one. That matters more here than it would elsewhere, because the state deadline is also the gate to court. RSA 354-A:21-a, I lets a party bring a civil action in superior court only at the expiration of 180 days after the timely filing of a complaint with the commission, or sooner if the commission assents in writing. Miss the charge deadline and you have not just closed the agency door, you have closed the statutory route to a judge. There is no right to sue letter in New Hampshire. Nothing has to be requested or received. The court route ripens on its own after the 180 day wait, and it has an outer wall: no later than 3 years after the alleged unlawful practice occurred. That outer limit runs from the conduct, not from any agency event, while RSA 354-A:21, IV gives the commission up to 24 months to close a case or commence adjudicative proceedings. The statute does not say the 3 years is tolled while your complaint sits there, so keep that date in front of you and raise it with a New Hampshire employment lawyer before it gets close. Coverage is the other place New Hampshire departs from the pattern. RSA 354-A:2, VII excludes any employer with fewer than 6 persons in its employ. A worker at a three or five person New Hampshire business has no federal Title VII claim, which needs 15, and no state claim either. That is an unwelcome answer but it is the accurate one, and it is better to know it now. If the conduct involves assault, threats, or stalking, contact emergency services and speak with an attorney. Attorney review is available if you want a second set of eyes before you file.
Find out where you stand in New Hampshire
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How long do I have to file a workplace harassment complaint in New Hampshire?
One hundred and eighty days. RSA 354-A:21, III requires any complaint filed by an aggrieved person to be filed within 180 days after the alleged act of discrimination. This is shorter than the federal window, because the EEOC charge period for a New Hampshire worker extends to 300 days where a state agency enforces a law prohibiting the same discrimination. Do not let the longer federal number set your plan, because RSA 354-A:21-a, I opens the superior court route only on the timely filing of a commission complaint.
Do I have to file with the New Hampshire Commission for Human Rights before I can sue?
Yes, and the filing has to be on time. RSA 354-A:21-a, I permits a civil action only at the expiration of 180 days after the timely filing of a complaint with the commission, or sooner if the commission assents in writing. There is no separate right to sue letter to request or wait for. What you cannot do in New Hampshire is skip the commission and go straight to superior court under this chapter, and you cannot cure a late charge by going to court instead.
How do I get to superior court in New Hampshire if there is no right to sue letter?
By waiting out the clock. RSA 354-A:21-a, I lets a party bring a civil action for damages or injunctive relief or both, in the superior court for the county in which the alleged unlawful practice occurred or the county of the party's residence, at the expiration of 180 days after the timely filing of the complaint. The commission can let you go earlier if it assents in writing. The outer limit is not later than 3 years after the alleged unlawful practice occurred.
Here the state deadline is the short one, and a timely agency filing is the only thing that opens a superior court door.
The New Hampshire state deadline is shorter than the federal one, which is the reverse of what most people expect. RSA 354-A:21, III requires any complaint by an aggrieved person to be filed within 180 days after the alleged act of discrimination, while the EEOC charge period for a New Hampshire worker runs to 300 days because a state agency enforces a parallel law. Work to the 180 days. Assuming you have 300 across the board costs you the state claim entirely.
Relevant Laws
RSA 354-A:21-a, I: The Employer May Remove the Case to Superior Court
A party alleged to have committed an unlawful practice may remove the complaint to superior court for trial in any case where the investigating commissioner has made a determination of probable cause. The complainant does not control the forum after that point.
RSA 354-A:21-a, I: Superior Court Closes Once a Commission Hearing Begins
A superior court trial is not available to any party once a hearing before the commission has begun or concluded under RSA 354-A:21, II(b). It is also unavailable to a complainant dismissed for lack of probable cause who has not prevailed on appeal.
RSA 354-A:21-a: Deferential Standard on Appeal From a Dismissal
On an appeal from a no probable cause dismissal the moving party must establish that the commission decision is unlawful or unreasonable by a clear preponderance of the evidence. The commissioner's findings of fact are upheld so long as the record contains credible evidence to support them.
RSA 354-A:2, VII: No Coverage Below Six Employees
Employer does not include any employer with fewer than 6 persons in its employ, an exclusively social club, or a non-profit fraternal or religious association or corporation. The state and all political subdivisions, boards, departments and commissions are included.
RSA 354-A:7, I: Protected Bases and the BFOQ Exception
Age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed and national origin are covered, unless the practice is based upon a bona fide occupational qualification. Sexual orientation is protected by a separate sentence in the same paragraph.
Regional Variances
How New Hampshire differs
The trigger is bare, with no help from the
The trigger is bare, with no help from the statute. RSA 354-A:21, III says only 180 days after the alleged act of discrimination. There is no discovery alternative and no last incident or pattern language of the kind some states write in, so for a course of harassing conduct the statute alone does not tell you which incident starts the clock. Count from the earliest incident you would want to rely on, and ask a New Hampshire employment lawyer before you count from a later one.
Filing on time is what opens the courthouse, not
Filing on time is what opens the courthouse, not just the agency. RSA 354-A:21-a, I conditions the civil action on the timely filing of a complaint with the commission. New Hampshire also requires a real complaint rather than an inquiry: RSA 354-A:21, I(a) requires it to be verified, to name the person alleged to have committed the practice, and to set forth the particulars. A phone call or an email to the commission is not a filing.
There is no right to sue letter, and the
There is no right to sue letter, and the court route ripens by the calendar. RSA 354-A:21-a, I allows a civil action for damages or injunctive relief in the superior court for the county where the practice occurred or the county of the party's residence at the expiration of 180 days after the timely filing, or sooner if the commission assents in writing. The outer limit is not later than 3 years after the alleged unlawful practice occurred. That 3 years runs from the conduct itself rather than from anything the agency does.
Suggested Compliance Checklist
RSA 354-A:21, IV: The Commission Has 24 Months to Act
See your deadline days after startingThe commission shall close each case or commence adjudicative proceedings within 24 months after the filing date of the complaint. Read this against the 3 year outer limit on the court action, which runs from the conduct.
RSA 354-A:2, VII: No Coverage Below Six Employees
See your deadline days after startingEmployer does not include any employer with fewer than 6 persons in its employ, an exclusively social club, or a non-profit fraternal or religious association or corporation. The state and all political subdivisions, boards, departments and commissions are included.
RSA 354-A:7, I: Protected Bases and the BFOQ Exception
See your deadline days after startingAge, sex, gender identity, race, color, marital status, physical or mental disability, religious creed and national origin are covered, unless the practice is based upon a bona fide occupational qualification. Sexual orientation is protected by a separate sentence in the same paragraph.
RSA 354-A:7, V: Statutory Definition of Sexual Harassment
See your deadline days after startingHarassment on the basis of sex constitutes unlawful sex discrimination, covering unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature. The non-verbal wording reaches gestures and displayed images.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| RSA 354-A:21, IV: The Commission Has 24 Months to Act | The commission shall close each case or commence adjudicative proceedings within 24 months after the filing date of the complaint. Read this against the 3 year outer limit on the court action, which runs from the conduct. | - | See your deadline |
| RSA 354-A:2, VII: No Coverage Below Six Employees | Employer does not include any employer with fewer than 6 persons in its employ, an exclusively social club, or a non-profit fraternal or religious association or corporation. The state and all political subdivisions, boards, departments and commissions are included. | - | See your deadline |
| RSA 354-A:7, I: Protected Bases and the BFOQ Exception | Age, sex, gender identity, race, color, marital status, physical or mental disability, religious creed and national origin are covered, unless the practice is based upon a bona fide occupational qualification. Sexual orientation is protected by a separate sentence in the same paragraph. | - | See your deadline |
| RSA 354-A:7, V: Statutory Definition of Sexual Harassment | Harassment on the basis of sex constitutes unlawful sex discrimination, covering unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature. The non-verbal wording reaches gestures and displayed images. | - | See your deadline |
Frequently Asked Questions
Other New Hampshire guides
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Adverse Possession in New Hampshire: Twenty Years and No Tax Element
Asset Protection Planning in New Hampshire (2026)
Dealing With Debt Collectors in New Hampshire (2026)
Delinquent Property Taxes in New Hampshire: The Rate Jumps to 14 Percent the Day the Lien Is Executed
Expunging a Criminal Record in New Hampshire (2026)
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