134 A.3d 17
N.H.2016Background
- Certification to this court of two questions of law by the U.S. District Court in a Title VII/NH 354-A retaliation and discrimination case.
- Plaintiffs Wilkins and Mulcahey sued Fuller Oil and asserted individual liability of employee Fuller under NH 354-A for aiding/abetting discrimination and retaliation.
- District court stayed the employer’s bankruptcy, then allowed claims against Fuller himself; questions arose from unresolved NH law.
- Court interprets RSA 354-A:2, XV(d) and 354-A:7 to reach individual liability under aiding/abetting for employment discrimination.
- Court also interprets RSA 354-A:19 to hold individuals liable for retaliation in the workplace, even when employer is exempt from liability.
- Remanded with decisions on both questions
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can individuals be liable for aiding and abetting discrimination under NH 354-A? | Wilkins argues statute imposes personal liability through aiding/abetting. | Fuller argues liability is limited to employers under the exemption. | Yes, individuals may be liable. |
| Can individuals be liable for retaliation under NH 354-A:19? | Plaintiffs contend section applies to any person, including individuals. | Defendant argues liability should be limited to employers; no individual liability. | Yes, individuals may be liable. |
Key Cases Cited
- Steir v. Girl Scouts of the U.S.A., 150 N.H. 212 (2003) (statutory interpretation and plain meaning principles apply)
- In the Matter of B.T., 153 N.H. 255 (2006) (look to the statutory scheme for guidance when terms are undefined)
- State v. Rollins-Ercolino, 149 N.H. 336 (2003) (court avoids illogical results in statutory construction)
- Manchenton v. Auto Leasing Corp., 135 N.H. 298 (1992) (definition of terms controls meaning of statute)
- Roberts v. Town of Windham, 165 N.H. 186 (2013) (words chosen by legislature are presumed to have intended meaning)