The North Dakota Human Rights Act prohibits discrimination in employment based on sex, including pregnancy, childbirth and related medical conditions (ND Cent. Code Sec. 14-02.4-01 et seq.). Sexual harassment is expressly included in the Act's definition of discrimination based on sex. The Act applies to all employers in the state.
It is also unlawful under the state law to retaliate or threaten to retaliate against a person who files a complaint of sexual harassment, or testifies or assists in a proceeding or investigation.
The state law defines “sexual harassment” as an unwelcome sexual advance, request for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when:
• Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment.
• Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment.
• That conduct or communication has the purpose or effect of substantially interfering with an individual's employment.
Under the state law definition of sexual harassment, the employer is responsible for its acts and the acts of its supervisory employees if it knows or should know of the existence of the harassment and fails to take timely and appropriate action (ND Cent. Code Sec. 14-02.4-02).