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Can I charge different prices to different customers without violating discrimination laws in New Hampshire? What are the requirements?

Charging Different Prices to Different Customers in New Hampshire

In New Hampshire, businesses are generally allowed to charge different prices to different customers, as long as the pricing is not discriminatory. Discrimination in pricing is prohibited under the New Hampshire Law Against Discrimination (RSA 354-A).

According to RSA 354-A:7, it is unlawful for any person to discriminate in the price of any commodity or service offered for sale or in the rental or lease of any property because of the person’s age, sex, gender identity, sexual orientation, race, color, marital status, familial status, physical or mental disability, religion, or national origin.

However, there are some exceptions to this rule. For example, businesses may offer discounts to certain groups of people, such as senior citizens or military personnel, without violating discrimination laws. Additionally, businesses may charge different prices based on the quantity or quality of the goods or services provided.

It is important to note that businesses must be careful not to engage in discriminatory pricing practices, as violations of RSA 354-A can result in significant penalties and damages. Whosoever shall knowingly violate any of the provisions of RSA 660:1-660:16 shall be guilty of a violation [1.2].

Requirements for Charging Different Prices

To avoid violating discrimination laws in New Hampshire, businesses should follow these requirements when charging different prices to different customers:

  • Pricing should be based on legitimate factors, such as quantity or quality of goods or services provided.
  • Pricing should not be based on any of the protected characteristics listed in RSA 354-A:7.
  • Discounts or special pricing should be offered to all customers who meet the criteria, regardless of their protected characteristics.
  • Businesses should maintain accurate records of their pricing practices to demonstrate that they are not engaging in discriminatory practices.

It is recommended that businesses consult with legal counsel to ensure that their pricing practices comply with all applicable laws and regulations.

Source(s):
Jurisdiction

New Hampshire