Employment Discrimination Intake Instructions

Form 14543 (155kb pdf)

If you believe that you have been unlawfully discriminated against regarding your employment rights and would like the North Dakota Department of Labor's assistance, you may complete and return the Employment Discrimination Intake Questionnaire. The intake questionnaire provides the department with information to determine if your concerns fall within the scope of our authority. The department is able to accept complaints of unlawful discrimination based on race, color, religion, sex, disability, age, national origin, marital status, receipt of public assistance, or lawful activity off the employer's premises outside of regular work hours which is not in direct conflict with the business-related interests of the employer. This means actions that are "because of" one or more these factors can be addressed.

Please answer the items on the questionnaire completely and specifically so that we can fully assess your situation. Please print or type your answers and use additional sheets of paper if necessary. Incomplete questionnaires will be returned for completion. Copies of any records or documents you have that support your claim should also be submitted with the completed questionnaire.

If the department determines that it does have a legal basis to proceed, it will generate a formal charge, which will be mailed to you. You will be asked to review the charge, sign it, and return it to the Department of Labor. Upon receipt of the signed charge, the department will dual-file the complaint with the federal Equal Employment Opportunity Commission if it also meets federal jurisdiction. This is done under Department of Labor's work-sharing agreement with the federal agency, which establishes that the department will investigate complaints of employment discrimination for the federal agency.

If the department determines that it does not have a legal basis to proceed, you will be notified in writing and given the opportunity to provide further information if applicable. Please be advised that there are many unfair acts that do not constitute unlawful discrimination.

Timeliness is important when filing your concerns. There is a 300-day limitation, from the date of the alleged discriminatory act, within which the signed formal complaint must be returned to the department. Keep in mind that the intake questionnaire must be submitted in time to allow the department to assess the initial information, acquire any additional information necessary, and process a formal complaint before the time limit expires.

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