Appeal of Hardy

I concur with the majority’s decision to dismiss the Association’s cross-appeal and clarify the triggering mechanism for the mixed motive analysis under Appeal of Montpladsir, 147 N.H. 297, 300 (2001). I write separately, however, because I would uphold the DOL’s ruling that RSA 275-E:4, I (1999) does not authorize the award of attorney’s fees and expenses.

RSA 275-E:4,1, provides, in pertinent part:

[T]he labor commissioner or the designee appointed by such commissioner shall render a judgment on such matter, and shall order, as the commissioner or his designee considers appropriate,…