Protected classes. The North Dakota Human Rights Act prohibits employers from making inquiries of prospective employees that state or imply any limitation or discrimination based on race, color, religion, sex, national origin, age, physical or mental disability, marital status, public assistance status, or participation in lawful activity off the employer's premises during nonworking hours. The law applies to all employers in the state (N.D. Cent. Code § 14-02.4-01 et seq.).
AIDS. The North Dakota AIDS Testing Law requires informed consent before testing for human immunodeficiency virus (HIV) and strictly limits disclosure of test results to the tested individual and to exposed healthcare providers or law enforcement officers (N.D. Cent. Code § 23-07.5-01 et seq.).
Criminal history. Public employers may not inquire into or consider an applicant’s criminal record or history until the applicant has been selected for an interview for public employment (N.D. Cent. Code § 12.1-33-02.2).
Lawful activities. Employers may not discriminate based on participation in lawful activity off the employer's premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer (N.D. Cent. Code § 14-02.4-01).
Guidance on preemployment inquiries.
The North Dakota Human Rights Division has published information about job applications and interviews that includes examples of acceptable and prohibited preemployment inquiries. The publication is available through the division's website at www.nd.gov