North Dakota (ND) Sexual Discrimination Laws in the Workplace

August 30th, 2006 Posted by Hannah

In North Dakota, sexual discrimination law in the workplace is outlined in the North Dakota Human Rights Act.  This act prohibits employers from discriminating against their employees on the basis of sex.

An employer, as defined by this law, is anyone who employs one or more employees.  This differs from federal law because Title VII only refers to those employers that have fifteen or more employees.  An employee in this state is someone who receives compensation for services from an employer, as defined above.  Employees are not elected officials or members their political staff.

According to this law, it’s illegal for employers to bases decisions such as hiring, firing and employment terms and conditions on the basis of an individual’s sex.

If you think your civil rights have been violated, you need to contact the North Dakota Department of Labor within 300 days of the alleged discriminatory act.  You’ll need to also fill out an Equal Employment Opportunity Questionnaire.  If your complaint does indeed fall under the North Dakota Human Rights Act, they will draft a formal complaint for you to sign. 

From there, an investigator will take on your case, gather information and decide if there is reasonable cause to believe that your rights have been violated.  If the investigator does find reasonable cause, you and your employer will be asked to try to negotiate a settlement.  If you cannot negotiate a settlement, the case will go before an administrative hearing.

If you choose to take your case through the federal courts instead, you’ll need to first request a “Right to Sue” letter from the EEOC.

It’s up to employers and employees to know their rights and responsibilities when it comes to their rights and responsibilities in the workplace.  Employers should also keep an updated version of the North Dakota Complete Labor Law Poster posted in the workplace as well.

 

No Comments >> Posted in Employment Laws,Hostile Environment,North Dakota,Sexual Harassment

Mandatory North Dakota (ND) State Discrimination Posting Regulations

August 24th, 2006 Posted by Derrick

North Dakota enforces both state and federal laws regarding employee discrimination. Of course no laws are effective if no one knows about them. So, it’s also a law that the North Dakota state discrimination posters be displayed in the workplace. The North Dakota state discrimination posters outline the rights and protections that workers are afforded by the law. These posters need to be displayed in an area where employees will be able to see them.

The North Dakota state discrimination posters let employees know that they can’t be discriminated against because of their race, religion, age (if forty or over), national origin, disability, marital status, sex, receiving public assistance, or taking part in any lawful activity outside of work. No qualified person can be refused a job, not promoted, fired, transferred, demoted, or disciplined because of one of the reasons just mentioned.

An employee should know where the North Dakota state discrimination posters are and what information they contain. If a person feels that he/she has been a victim of discrimination, that person should file a complaint with the North Dakota Human Rights Division. The complaint should be filed as soon as possible because an employee has only three hundred days to file such a complaint.

The discrimination complaint must be filed by the alleged victim filling out an intake form for the North Dakota Human Rights Division. The alleged victim can either personally visit the Division and fill-out the form, call and have someone fill-out the form for him/her, or fill-out the form and mail it in.

Both employers and employees have responsibilities when it comes to the North Dakota state discrimination posters. Employers need to make sure they display the posters in the correct area and employees need to make sure they know where the North Dakota state discrimination posters are and what information is contained on them.

No Comments >> Posted in Discrimination,Employment Laws,Hostile Environment,North Dakota