The North Dakota Human Rights Act prohibits discrimination in employment against qualified individuals with a physical or mental disability (ND Stat. Sec. 14-02.4-01 et seq.). The Act applies to all employers in the state, including employment agencies and labor unions.
"Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of this impairment, or being regarded as having this impairment (ND Stat. Sec. 14-02.4-02). If an applicant or employee has a disease that is a disability as defined in the law, the individual is protected under the Act. Additional information is available.
Retaliation prohibited. Employers are also prohibited from retaliating against any person for filing a claim under the Human Rights Act, or participating in the investigation or hearing of a claim.
Refusal to hire an individual with a disability is permitted if freedom from that disability is a bona fide occupational qualification (BFOQ) reasonably necessary for the job in question. A BFOQ is a qualification that is absolutely essential to the applicant's ability to perform the job in question. The BFOQ exception is narrowly interpreted, and employers should use extreme caution in relying on such a rationale when making employment decisions that may have a discriminatory effect.