U.S. Equal Employment Opportunity Commission & A. v. Fred Fuller Oil Company, Inc. & A

Pursuant to Supreme Court Rule 34, the United States District Court for the District of New Hampshire (Barbadoro, J.) certified to us the following questions of law:

1. Whether sections 354-A:2 and 354-A:7 of the New Hampshire Revised Statutes impose individual employee liability for aiding and abetting discrimination in the workplace.

2. Whether section 354-A-.19 of the New Hampshire Revised Statutes imposes individual employee liability for retaliation in the workplace.

For the reasons stated below, we answer both questions in the affirmative.

The federal district court’s order sets forth the…