The North Dakota Human Rights Act prohibits employment discrimination based on race, color, religion, sex, pregnancy, childbirth and related conditions, national origin, age (40 and over), physical or mental disability, marital or public assistance status, or participation in lawful activity during nonworking hours and away from the employer's premises, unless the activity is in direct conflict with the employer's business interests. Employers may select employees based on religion, sex, national origin, physical or mental disability, or marital status, if any such factor is necessary in order to perform the job in question; i.e., is a bona fide occupational qualification (BFOQ).
Employers that employ one or more employees for more than one-quarter of the year are covered by the Act (ND Cent. Code Sec. 14-02.4-01et seq.).