Employment Laws

Prior to beginning the selection process, interviewers and appointing authorities need to understand the following employment laws and guidelines:

State Laws Affecting Selection

  • The North Dakota Human Rights Act (NDCC 14-02.4) - prohibits discrimination on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, status with regard to marriage or public assistance, or participation in lawful activity off the employer’s premises during nonworking hours, which is not in direct conflict with the essential business-related interests of the employer.
  • The Public Employees Relations Act (NDCC 34-11.1) - provides a number of protections to certain public employees.
  • Nepotism (NDCC 44-04-09) - prohibits a state official or employee from serving in a supervisory capacity over certain relatives.
  • Veterans' Preferences (NDCC 37-19.1) - provides preference in employment for a North Dakota resident who is a wartime veteran.

There are also a number of other employment laws that must be adhered to by agencies that receive federal funding or who hold federal contracts. Some are listed below:

  • Executive Order 11246 - prohibits federal contractors from discrimination in employment decisions based on race, color, religion, sex, or national origin and requires them to take affirmative action to ensure that equal opportunity is provided in all aspects of employment.
  • The Rehabilitation Act of 1973 - prohibits federal contractors from discriminating against individuals with disabilities.
  • The Vietnam Era Veterans' Readjustment Assistance Act - requires federal government contractors to take affirmative action to employ and advance specified categories of veterans and prohibits discrimination against such veterans.