The North Dakota Human Rights Act prohibits discrimination in employment on the basis of national origin (ND Cent. Code Sec. 14-02.4-01 et seq.). The law applies to all employers in the state. National origin includes the place of birth of an individual or any of the individual's direct ancestors. Under the state law, it is unlawful to:
• Refuse to hire or discharge an employee, or give adverse or unequal treatment to a person or employee with respect to application, hiring, training, apprenticeship, promotion, compensation, layoff, or any other privilege or condition of employment because of national origin.
• Advertise that individuals of a particular national origin are unwelcome, not acceptable, or not solicited for employment.
• Conceal, aid, or induce another person to engage in unlawful discrimination.
• Retaliate or threaten to retaliate against a person who files a complaint of discrimination, testifies, or assists in a proceeding or investigation.
Legitimate, nondiscriminatory reason. The 8th Circuit Court of Appeals has ruled that an employer provided a legitimate, nondiscriminatory reason for firing an employee after he failed to cooperate with the employer's suggestions to improve his performance (Montes v. Greater Twin Cities Youth Symphonies, 540 F.3d 852 (8th Cir. 2008)). In this case, the former employee claimed the employer fired him because of his national origin in violation of federal law under Title VII of the Civil Rights Act of 1964 (Title VII). The employer argued that it had fired the employee because of his negative attitude and refusal to cooperate with the employer in making decisions that affected the organization. Although the employee claimed that he was not uncooperative, ...