North Dakota Advertising laws & HR compliance analysis

North Dakota Advertising: What you need to know

There is no statute in North Dakota mandating private employers to advertise job openings at their companies.
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The North Dakota Human Rights Act prohibits discrimination for employers to advertise or in any other manner indicate or publicize that individuals of a particular race, color, religion, sex, national origin, age (40 years or older), physical or mental disability, marital status, public assistance status, or who participate in specified lawful activity off the employer's premises during nonworking hours are unwelcome, objectionable, not acceptable, or not solicited (ND Cent. Code Sec. 14-02.4-01et 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.
The ban on discrimination based on participation in lawful activity off the employer's premises during nonworking hours does not apply if the activity is in direct conflict with the essential business-related interests of the employer (ND Cent. Code Sec. 14-02.4-06). In addition, religion, sex, national origin, disability, or marital status may be mentioned if based on a bona fide occupational qualification reasonably necessary to the normal operation of the business (ND Cent. Code Sec. 14-02.4-08).

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