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.

 

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