The North Dakota Human Rights Act prohibits employment discrimination on the basis of race, color, religion, sex, national origin, age, physical or mental disability, status with respect to marriage or public assistance, or participation in lawful activity off the employer's premises during nonworking hours. The Act covers all employers (ND Cent. Code Sec. 14-02.4-01 et seq.).
Applicants. Under this Act, an employer may require a job applicant to take a physical examination after a conditional offer of employment has been made, provided the exam is for the purpose of determining the person's capability to perform the essential functions of the job with or without reasonable accommodations, and the exam is required for all prospective employees in the same job category.
In addition, once a conditional offer of employment has been made, an employer can investigate the applicant's medical history for the purpose of determining the person's capability to perform available employment if every entering employee in that same job category is subjected to the investigation. Any medical history obtained by the employer must be collected and maintained separate from nonmedical information and must be kept confidential (ND Cent. Code Sec. 14-02.4-10).