HB 2: New Hampshire Enacts DEI Prohibition for Public Entities

HB 2 was enacted in July 2025 and prevents public entities, including schools, from implementing, promoting, or otherwise engaging in DEI-related programs, trainings, or policies. The law defines DEI as “any program, policy, training, or initiative” that “classifies individuals based on a characteristic identified under RSA 354-A:1 for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law”. Classifications under RSA 354-A:1 include age, sex, gender identify, sexual orientation, race, creed, color, marital status, familial status, physical or mental disability, and national origin. HB2 also prohibits state agencies and political subdivisions from entering into or renewing contracts that include DEI-related provisions and requires state agencies to report all existing contracts that contain DEI-related provisions.   

HB 2 was challenged by the National Education Association, four school districts, James M. McKim, Jr., Dottie Morris, and New Hampshire Outright. A preliminary injunction was granted by a federal court on October 2, 2025, enjoining the enforcement of the HB 2 provisions relating to the DEI prohibition (RSA 21-1:112 through RSA 21-1:116 and RSA 186:71 through RSA 186:77).