North Dakota Affirmative Action laws & HR compliance analysis

North Dakota Affirmative Action: What you need to know

The state of North Dakota has no affirmative action requirements for private employers. Affirmative action laws require an employer to make proactive efforts to represent individuals from certain protected classes in the workplace at levels comparable to those for unprotected groups. Affirmative action requirements are separate and distinct from nondiscrimination laws, which prohibit discriminatory acts against protected persons but do not mandate proactive steps in their favor. This section is limited to a discussion of affirmative action requirements. There is additional information on this subject.
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The North Dakota Human Rights Act prohibits discrimination in employment based on race, color, religion, sex, national origin, age, physical or mental disability, marital status, public assistance status, or off-duty participation in lawful activities (ND Cent. Code Sec. 14-02.4-01 et seq.). The Act applies to all employers. There is no specific affirmative action provision covering private employers.
The Human Rights Division of the North Dakota Department of Labor and Human Rights enforces the Human Rights Act. The Division has the authority to receive and investigate discrimination complaints and to negotiate settlements. Individuals may file a complaint with the Division and may also bring a private lawsuit in state court. Remedies may include hiring, reinstatement, promotion, restored benefits, reasonable accommodation, cease and desist orders, equitable relief, back pay, and legal fees.
The state Labor Market Information Center at Job Service North Dakota publishes a collection of affirmative action tables to assist ...

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