Human Rights Division

Employment Discrimination

The Division of Human Rights is responsible for processing charges of employment discrimination under federal statutes and the North Dakota Human Rights Act (NDCC § 14-02.4).

In October 1987, the Equal Employment Opportunity Commission (EEOC) designated the North Dakota Department of Labor as a Fair Employment Practices Agency (FEPA). A work-sharing agreement is signed annually by the North Dakota Department of Labor and the EEOC through its Denver District Office. The federal statutes include Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; and the Americans with Disabilities Act.

Title VII of the Civil Rights Act of 1964, as amended, prohibits employment discrimination based on race, color, religion, sex, and national origin. Sexual harassment and discrimination based on pregnancy are also covered under Title VII.

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employment discrimination on the basis of age. Persons over the age of 40 are protected by the ADEA. In 1986, the age cap of 70 was revoked and today the act covers workers of all ages over 40.

The Americans with Disabilities Act (ADA) was passed into law in 1990. The ADA applies to qualified individuals who have a disability, a record of a disability, or who are regarded as having a disability. In order to be protected by the ADA, an individual must show that they (1) are qualified to perform the job with or without a reasonable accommodation, and (2) have a disability. The ADA defines a disability as a physical or mental impairment that substantially limits one or more of an individual's major life functions. ADA protection applies during the hiring process, and throughout the employment relationship.

In addition, the North Dakota Human Rights Act permits the North Dakota Department of Labor to process charges of employment discrimination that do not meet federal jurisdiction. The complaints may include issues of marital status, public assistance, and lawful activity off the employer's premises during non-working hours which is not in direct conflict with the essential business-related functions of the employer.

Hiring, discharge, pay, promotions, and other terms and conditions of employment are some of the issues involved with employment discrimination.

To file a charge of employment discrimination, complete the Equal Employment Opportunity Questionnaire (State Form 14543) - [101 kb pdf document] and submit the completed form to the department. To report noncompliance with employment discrimination laws, complete the Complaint Inquiry form (State Form 52114) - [24 kb pdf document].

If you are an employer and have questions regarding your rights and responsibilities under employment discrimination laws, please contact us.

Brochure - Human Rights Protections in North Dakota - [45 Kb pdf document]

Brochure - Sexual Harassment in the Workplace - [45 Kb pdf document]

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