Discrimination

It is the policy of the state to prohibit 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, to prevent and eliminate discrimination in employment relations, public accommodations, housing, state and local government services, and credit transactions; and to deter those who aid, abet, or induce discrimination, or coerce others to discriminate.

  • An employer cannot discriminate in hiring, firing or give special or unequal treatment to a person or employee with respect to the application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, lay-off, or a term, privilege or condition of employment. Some exceptions apply when bona fide occupational qualifications are involved.
  • It is unlawful to fail or refuse to make reasonable accommodation for an otherwise qualified individual with a physical or mental disability or because of that person's religion.
  • It is a discriminatory practice to advertise in such a way that individuals or groups covered by the state policy are excluded, made to feel unwelcome, or are considered objectionable.
  • Appeals of discrimination are heard by the Office of Administrative Hearings. (See Appeals - Employer Actions and Discrimination for appeal procedures.)
  • The office of the North Dakota Commissioner of Labor may investigate complaints of discrimination.

References

NDCC 14-02.4
NDAC 4-07-20.2