The North Dakota Human Rights Act prohibits discrimination in employment on the basis of age (ND Cent. Code Sec. 14-02.4-01 et seq.). The Act applies to all employers in the state and protects individuals who are at least 40 years old. Under the state law, it is unlawful to:
• Refuse to hire or discharge an employee or to give adverse or unequal treatment to an individual or employee with respect to application, hiring, training, apprenticeship, promotion, compensation, layoff, or any other privilege or condition of employment because of age.
• Advertise that individuals of a particular age are unwelcome, not acceptable, or not solicited for employment.
• Conceal, aid, or induce another individual to engage in unlawful discrimination.
• Retaliate or threaten to retaliate against an individual who files a complaint of discrimination, testifies, or assists in a proceeding or investigation.
The state law also provides that unlawful discrimination against an individual based on age is a Class B misdemeanor when the reasonable demands of the position do not require an age distinction, the individual is well versed in the line of business, and is qualified physically, mentally, and by training and experience to satisfactorily perform the duties of the job (ND Cent. Code Sec. 34-01-17).
Consistent application of policies. The 8th Circuit Court of Appeals ruled in favor of an employer that fired an older worker for violating its policies (Roeben v. BG Excelsior Ltd. P’ship, 545 F.3d 639 (8th Cir. 2008)). In this case, the former employee claimed he was fired because of his age in violation of federal law under the Age Discrimination in Employment Act (ADEA), and that younger employees who had violated the ...