Discrimination FAQ

A protected category is a group of people who share a common trait whoa re legally protected from being discriminated against on the basis of that trait. A list of ND Protected Categories by discrimination type may be found at ND Protected Categories | Department of Labor and Human Rights

When an employee, former employee, or job seeker, believes they have been the target of discrimination because of a protected category.

N.D.C.C. § 14-02.4-01, 14-02.4-03

It is best to file your charge as soon as possible, you MUST file your charge no later than 300 days from the “last date of harm” – the date you believe the most recent discriminatory event occurred.
 

If you believe you have been unlawfully discriminated against, you file a charge using the Department’s online form or by printing and mailing in a signed form.

Once you file a charge, you will be contacted by the Department within 30 days. If it is determined the Department has jurisdiction, your charge will be assigned to an investigator who will review and investigate your complaint, which may include additional interviews with yourself, the employer, the witnesses, etc. Supporting documentation may also be requested and reviewed.

When a buyer, tenant, or former or prospective tenant believes they have been the target of discrimination because of a protected category.

N.D.C.C. § 14-02.5

It is best to file your charge as soon as possible, you MUST file your charge no later than one year from the “last date of harm” – the date you believe the most recent discriminatory event occurred.

If you believe you have been unlawfully discriminated against, you file a charge using the Department’s online form or by printing and mailing in a signed form.

Once you file a charge, you will be contacted by the Department within 30 days. If it is determined the Department has jurisdiction, your charge will be assigned to an investigator who will review and investigate your complaint, which may include additional interviews with yourself, the employer, the witnesses, etc. Supporting documentation may also be requested and reviewed.

Certain public entities may not unlawfully discrimination against a person in the provision of “public services,” which are defined as “a public facility, department, agency, board or commission owned, operated, or managed by or on behalf of this state, a political subdivision thereof, or a public corporation.” If a person believes they were denied a public service based on a discriminatory reason, they may file a complaint of discrimination with our Department.

N.D.C.C. § 14-02.4-02(6), (15), 14-02.4-15

It is best to file your charge as soon as possible, you MUST file your charge no later than 180 days from the “last date of harm” – the date you believe the most recent discriminatory event occurred.

If you believe you have been unlawfully discriminated against, you file a charge using the Department’s online form or by printing and mailing in a signed form.

Once you file a charge, you will be contacted by the Department within 30 days. If it is determined the Department has jurisdiction, your charge will be assigned to an investigator who will review and investigate your complaint, which may include additional interviews with yourself, the employer, the witnesses, etc. Supporting documentation may also be requested and reviewed.

A privately owned business may not discriminate against a person in the provision of “public accommodation” – the services and facilities it offers. Examples include restaurants, hotels, theaters, doctors’ offices, pharmacies, retail stores, museums, private schools and daycare centers. If you are a patron or a person who has been denied goods or services based on a protected category, you may file a complaint of discrimination with our Department.

N.D.C.C. § 14-02.4-02(6), (15), 14-02.4-15

It is best to file your charge as soon as possible, you MUST file your charge no later than 180 days from the “last date of harm” – the date you believe the most recent discriminatory event occurred.

If you believe you have been unlawfully discriminated against, you file a charge using the Department’s online form or by printing and mailing in a signed form.

Once you file a charge, you will be contacted by the Department within 30 days. If it is determined the Department has jurisdiction, your charge will be assigned to an investigator who will review and investigate your complaint, which may include additional interviews with yourself, the employer, the witnesses, etc. Supporting documentation may also be requested and reviewed.

When a person believes they have been denied credit, have had an increase in the charges or fees for or collateral required to secure credit, have had their amount or use of credit extended restricted, have had imposed different terms or conditions with respect to the credit extended to a person, or item or service related, based on discriminatory reasons, i.e. protected categories.

N.D.C.C. § 14-02.4-17
 

It is best to file your charge as soon as possible, you MUST file your charge no later than 300 days from the “last date of harm” – the date you believe the most recent discriminatory event occurred.

If you believe you have been unlawfully discriminated against, you file a charge using the Department’s online form or by printing and mailing in a signed form.

Once you file a charge, you will be contacted by the Department within 30 days. If it is determined the Department has jurisdiction, your charge will be assigned to an investigator who will review and investigate your complaint, which may include additional interviews with yourself, the employer, the witnesses, etc. Supporting documentation may also be requested and reviewed.

It is illegal for an employer to retaliate against an employee (or a person acting on behalf of an employee) for reporting a violation of law. These types of complaints are often called “whistleblower” complaints. There is no single “whistleblower protection” law. Rather, many different laws provide whistleblower protection.

The Department enforces two state whistleblower laws that provide certain protections to employees, or persons acting on behalf of employees, who believe they have been retaliated against for certain actions or activities such as participating in an investigation, or for refusing to perform an employer’s order that the employee reasonably believes violates certain laws or rules. The Public Employee Relations Act includes an anti-retaliation provision for certain public employees. Before filing a complaint, employees working for the state, a county, a city, or a political subdivision should determine if they meet the statutory definition of employee. The general provisions of North Dakota Century Code Chapter 34-01-20 also contain anti-retaliation protection for all employees, as defined by statute.

N.D.C.C. § 14-02.4-18

It is best to file your charge as soon as possible, you MUST file your charge no later than 300 days from the alleged wrongdoing.

If you reported discrimination, or participated in an investigation regarding discrimination, including filing a charge, and you want to submit a complaint, click here.

If you reported a violation of law NOT involving discrimination, to submit a form online, click here.

To obtain a paper-based copy of the form, click here. Note that the paper-based form must be printed and signed, before submission to the Department.
 

Once you file a complaint of retaliation, you will be contacted by the Department within 30 days. If it is determined the Department has jurisdiction, your complaint will be opened and the Department will “…attempt to obtain voluntary compliance with this section through informal advice, negotiation, or conciliation.” 
N.D.C.C. § 34-01-20 & 34-11.1