Report Bullying and Harassment of LGBT Students

Have you or someone you know experienced LGBT based bullying, harassment, or discrimination in school?

According to the Gay, Lesbian, and Straight Education Network (GLSEN), you are not alone:

Approximately 85% of high school students report being harassed in school because of their real or perceived sexual orientation and 64% of students report being harassed for being too masculine or too feminine. Even more troubling, only 18% of LGBT students report that their schools have policies which offer comprehensive protections.

Without  adequate statewide protections, what can members of school communities do to address these issues?

We can take action to ensure LGBT students claim their rights, create a record measuring anti-LGBT harassment, and use this record to advocate laws and policies that will address this epidemic plaguing our nation’s schools.

Empowering school communities with this information , and delivering reports to the U.S. Education Department is a critical first step in claiming our rights and getting the tools to create change and build safer schools. We need your help in this important educational and advocacy effort.

GLSEN recommends  that if you – or someone that you know – have experienced school-based bullying, harassment, or discrimination, please file a complaint with the Office for Civil Rights (OCR) at the U.S. Education Department today.  For more information on how to file a complaint, visit GLSEN’s website.

For information regarding New Hampshire’s anti-bullying law and other resources check out Bully Free New Hampshire.

For discrimination matters in areas of employment, public accommodations and the sale or rental of housing or commercial property, because of age, sex, sexual orientation, race, creed, color, marital status, familial status, physical or mental disability or national origin contact the NH Commission for Human Rights.

The Lawyer Referral Service of the New Hampshire Bar Association has a panel of competent attorneys experienced with handling discrimination matters.  Most discrimination claims are time-sensitive so call LRS today at 603-229-0002 or request an online referral.

Can I Be Fired While On Maternity Leave in NH?

According to the NH Commission for Human Rights, you cannot be fired or laid off while on maternity leave if it’s related to your temporary disability; however, you may be fired or laid off from a general and legitimate lay-off for performance requirements.

What else does the Commission say about the rights of pregnant employees?

1. Is a pregnant woman entitled to maternity leave?

Yes, an employer must grant a female employee leave for the period of time she is physically disabled due to pregnancy, childbirth or related medical conditions.

2. Is there a set period of time for maternity leave?

No, there is no set period of time for maternity leave. It is based on the period she is disabled as determined by a physician, usually the employee’s personal doctor.

3. Is the employee entitled to full pay while on maternity leave?

The general rule is that pregnancy must be treated in the same manner that the employer treats other temporary physical disabilities. Therefore, if the employer continues to pay other temporarily disabled employees, it must pay pregnant women. If the employer requires use of vacation and/or sick leave for temporary disabilities, then it may require the same for pregnancy.

4. Is the employee entitled to her job back after she recovers from childbirth?

When the employee is physically able to return to work, her original job or a comparable position must be made available to her by the employer unless business necessity makes this impossible or unreasonable.

5. If the position is filled by another employee while the original employee is on maternity leave and the employer prefers the temporary replacement, can the employer refuse to provide the original job for the returning employee?

No, any change in position for the returning employee must be made for reasons of business necessity. An employer’s preference for one employee over the other cannot be a factor in this decision.

6. Can an employee be laid off or fired while pregnant or on maternity leave?

No, an employee cannot be laid off or fired while pregnant or on leave for reasons related to her temporary disability. However, an employee while pregnant or on maternity leave is not immune from a general and legitimate lay off of employees for performance requirements.

To find out more about rights for pregnant employees, go to the NH Commission for Human Rights.

If you believe you have been discriminated against by your employer because of your age, sex, sexual orientation, race,  physical or mental disability,  religion or pregnancy status, contact the Lawyer Referral Service.  LRS can refer you to competent attorneys who specifically handle discrimination matters in New Hampshire.  Call 603-229-0002 or request an online referral.