TITLE VIII
PUBLIC DEFENSE AND VETERANS' AFFAIRS

CHAPTER 110-B
DEPARTMENT OF MILITARY AFFAIRS AND VETERANS SERVICES

General Provisions

Section 110-B:65

    110-B:65 Discrimination Forbidden. –
I. It is hereby declared to be the policy of the state that there shall be equality of treatment and opportunity for all persons in the national guard without regard to race, creed, color, national origin, age or sex, to the full extent required by federal law or regulations.
II. No private person, corporation, partnership or unit or official of state, county or local government shall deprive members of the national guard of their employment, or deny them employment, or discriminate against them with respect to the terms and conditions of their employment, or prevent their being employed by another, or obstruct or annoy them or their employer in respect of their trade, business or employment because of their connection with the national guard, or because of their absence from business in performance of their duty as such; and no person shall dissuade any persons from enlisting in said national guard by threat of injury to them in respect of their employment, trade or business, or of other injury if they shall so enlist. Any person violating the provisions of this paragraph shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
III. Any member discriminated against shall have a private cause of action for money damages and injunctive relief against any person or entity discriminating in violation of this section. If relief is granted, the prevailing member of the national guard shall recover reasonable attorneys' fees and costs.

Source. 1981, 434:1. 1985, 25:4. 1987, 144:3, eff. July 6, 1987.