North Dakota Discrimination laws & HR compliance analysis

North Dakota Discrimination: What you need to know

The North Dakota Human Rights Act prohibits discrimination in employment based on race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, and sexual harassment), national origin, age (40 years and older), 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 law applies to all employers in the state, including employment agencies and labor unions. The law also prohibits employer retaliation against employees who file discrimination complaints.
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Under the Act, it is unlawful for an employer to:
• Fail or refuse to hire an individual, or discharge an individual, based on a protected characteristic.
• Discriminate against an applicant or employee with respect to compensation or other terms, privileges, or conditions of employment based on a protected characteristic.
• Fail or refuse to make reasonable accommodations for an otherwise qualified individual with a physical or mental disability, because that individual is pregnant, or because of that individual’s religion.
• Advertise, or in any other manner indicate or publicize, that individuals with a protected characteristic are unwelcome, objectionable, not acceptable, or not solicited.
• Aid, abet, compel, coerce, incite, or induce another individual to unlawfully discriminate in violation of the Act.
• Engage in any form of threats, retaliation, or discrimination against an individual who has opposed any unlawful discriminatory practice or who, in good faith, has filed a complaint, testified, assisted, or participated in an investigation, proceeding, hearing, or litigation under the Act.
Pregnancy accommodation. An employer must provide a reasonable accommodation for a pregnant employee but is not required to provide an accommodation that would disrupt or interfere with the employer’s normal business operations. An accommodation is not required if it would threaten an individual’s health or safety, contradict a business necessity of the employer, or impose an undue hardship on the employer. Considerations for undue hardship include the size of the employer’s business, the type of business, the financial resources of the employer, and the estimated cost and extent of the accommodation.

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