North Dakota Selection and Testing laws & HR compliance analysis

North Dakota Selection and Testing: What you need to know

The North Dakota Human Rights Act prohibits employment discrimination based on race, color, religion, sex, pregnancy, childbirth and related conditions, national origin, age (40 and over), physical or mental disability, marital or public assistance status, or participation in lawful activity during nonworking hours and away from the employer's premises, unless the activity is in direct conflict with the employer's business interests. Employers may select employees based on religion, sex, national origin, physical or mental disability, or marital status, if any such factor is necessary in order to perform the job in question; i.e., is a bona fide occupational qualification (BFOQ).
Employers that employ one or more employees for more than one quarter of the year are covered by the Act (ND Cent. Code Sec. 14-02.4-01et seq.).
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Employers may give and act upon the results of any professionally developed ability test, so long as the test is not designed, intended, or used to discriminate against a protected individual or class of individuals (ND Cent. Code Sec. 14-02.4-09).
The North Dakota AIDS Testing Law requires written and informed consent before conducting human immunodeficiency virus (HIV) testing. The Law also strictly limits the disclosure of all HIV test results and provides penalties for intentional and harmful disclosures (ND Cent. Code Sec. 23-07.5-01 et seq.).
Note: Although this Law primarily focuses on healthcare providers, employers must not disclose HIV test results even if the information is received inadvertently or by an employee who voluntarily or informally shares information regarding AIDS testing or AIDS status.

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