North Dakota Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

North Dakota Pre-Employment Inquiries (Interviewing): What you need to know

The North Dakota Human Rights Act prohibits employers from making inquiries of prospective employees that state or imply any limitation or discrimination on the basis of 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, unless the characteristic in question is a bona fide occupational qualification (BFOQ). The law applies to all employers in the state (ND Cent. Code Sec. 14-02.4-01 et seq.).
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BFOQ exception. An employer may make an employment inquiry about one of these characteristics only if it is reasonably necessary to the normal operation of the employer's business and there is no less intrusive way to ensure that the applicant will be able to perform the essential functions of the job in question. In order to be a BFOQ, a characteristic must be absolutely essential to the applicant's ability to perform the job. For example, being female would be a legitimate BFOQ for a person applying for a job as a model of women's clothing. The BFOQ exception applies only in limited circumstances and, in general, courts have been extremely reluctant to sanction otherwise discriminatory practices on BFOQ grounds. Employers should use caution in relying on the BFOQ rationale.
Genetic information. The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers from using genetic information in employment decisions. The prohibition applies to genetic information of applicants, employees, or their family members. Subject to limited exceptions, GINA also prohibits employers from requesting genetic information from applicants or employees ...

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