North Dakota — Workplace Discrimination

North Dakota’s Human Rights Act (NDHRA) covers only those employers who meet both of the following tests:

1. The person or entity employs one or more employees; and
2. The employment is for more than one quarter of the year (that is, more than three months in either the current or preceding calendar year).

Both elements are required for an organization to meet the definition of “employer” under the Act. Simply put: hiring one employee for a month or two does not trigger coverage; employing even one employee for longer than a quarter, however, does. This conjunctive test is set out in the NDHRA’s own words: > "'Employer' means a person within the state who employs one or more employees for more than one quarter of the year..." (N.D. Cent. Code § 14-02.4-02(8)).

The NDHRA’s definition is broader than that found in federal anti-discrimination statutes, which generally set higher minimum employee-counts (Title VII: 15; ADEA: 20). Where an employer is not covered under the NDHRA, federal law may nonetheless apply if federal thresholds are met. Source: N.D. Cent. Code § 14-02.4-02(8)

An aggrieved person must file a written discrimination complaint with the North Dakota Department of Labor and Human Rights within 300 days of the most recent discriminatory event. The Department investigates complaints filed under the Human Rights Act and may also file complaints on its own initiative. Charges may be cross-filed with the federal Equal Employment Opportunity Commission under a work-sharing agreement, so filing with one agency satisfies the filing requirement for both.

Source: N.D. Cent. Code § 14-02.4-19; North Dakota Department of Labor — Employment Discrimination

Direct court action under the North Dakota Human Rights Act

An individual alleging employment discrimination under the North Dakota Human Rights Act (NDHRA) may file a civil lawsuit directly in a state district court. The NDHRA expressly authorizes aggrieved persons to bring a civil action for relief, regardless of whether an administrative complaint has been filed with the Department of Labor and Human Rights.

Deadline to file in district court

The statute requires that a civil action must be brought within 300 days after the alleged discriminatory practice occurred. This 300-day period is identical to the deadline for filing an administrative complaint with the Department of Labor and Human Rights.

Effect of administrative complaints

If a person has already filed an administrative complaint with the Department of Labor and Human Rights, the court complaint may only proceed after either (a) the Department issues a written probable cause/non-probable cause determination, or (b) 180 days pass from the date of filing the administrative complaint. However, if no administrative complaint is filed, the individual may file directly in court at any time within the 300-day limitations period.

Statutory source

The right to direct court filing and related deadlines are set forth in N.D. Cent. Code § 14-02.4-19.

Source: N.D. Cent. Code § 14-02.4-19

The North Dakota Human Rights Act (NDHRA) specifies the remedies available to a successful complainant in an employment discrimination case. Relief—whether ordered by a district court or by the Department of Labor and Human Rights—must be grounded in the statutory language of N.D. Cent. Code § 14-02.4-19:

Remedies enumerated in the NDHRA:

• Hiring, reinstatement, or upgrading of employees: If discrimination led to loss of a job or missed promotion, the court or agency may require the hiring, reinstatement, or upgrading of the employee to the relevant position.

• Back pay: The law authorizes "the payment of wages" lost due to the discriminatory practice. Where reinstatement is not feasible, front pay (future wage loss) may be available, but only as makes the complainant whole for the violation.

• Actual damages sustained: The statute allows for an award of "actual damages sustained" by the complainant. The term "actual damages" is limited by the statute and does not explicitly include non-economic categories such as emotional distress. Courts have not read this section as authorizing broader compensatory damages like those available under federal Title VII.

• Costs and reasonable attorney’s fees: In a civil action, the prevailing party may be awarded "reasonable attorney's fees and court costs."

• Injunctive relief: The court or agency may order the respondent to cease unlawful practices and take affirmative steps to correct the violation.

• Punitive damages: The NDHRA is silent on punitive damages; it does not authorize their award in employment discrimination cases.

Statutory remedies under the NDHRA are limited to those enumerated in the statute. Available relief is narrower than under some federal anti-discrimination laws such as Title VII, which may provide for compensatory and punitive damages in certain cases.

Source: N.D. Cent. Code § 14-02.4-19

The North Dakota Human Rights Act (NDHRA) expressly prohibits discrimination on the basis of sex, including "pregnancy, childbirth, or related medical conditions." (N.D. Cent. Code § 14-02.4-03). The statute also addresses the obligation of employers to provide reasonable accommodation for employees who are pregnant or dealing with childbirth-related medical conditions.

Reasonable accommodation requirement:

Under N.D. Cent. Code § 14-02.4-03.2, it is an unlawful discriminatory practice for an employer to fail or refuse to make reasonable accommodations for limitations arising out of pregnancy, childbirth, or related medical conditions for an applicant or employee, unless the employer can demonstrate that the accommodation would impose an "undue hardship" on the operation of the business.

Types of accommodations:

The statute lists examples of possible reasonable accommodations, which include but are not limited to:

• More frequent or longer breaks
• Time off to recover from childbirth
• Acquisition or modification of equipment or seating
• Temporary transfer to a less strenuous or hazardous position
• Job restructuring or modified work schedules
• Breaks for use of a private, non-bathroom space for expressing breast milk

Importantly, the law requires that an accommodation must be made unless it would create significant difficulty or expense for the employer — the "undue hardship" standard. "Undue hardship" is defined in reference to the nature and cost of the accommodation and the overall finances and structure of the employer (N.D. Cent. Code § 14-02.4-02(17)).

Prohibited employer conduct:

Employers may not require an employee to take leave if another reasonable accommodation can be provided. Nor may they deny employment opportunities if denial is based on the need to reasonably accommodate pregnancy or related conditions.

Scope and covered employers:

These requirements apply to all employers covered under the NDHRA — any person employing one or more employees for more than one quarter in the current or preceding year.

Source: N.D. Cent. Code § 14-02.4-03.2

The North Dakota Human Rights Act (NDHRA) specifically prohibits retaliation against employees (or applicants) who oppose discriminatory practices, file discrimination complaints, or participate in investigations or proceedings under the Act. This protection is codified at N.D. Cent. Code § 14-02.4-18, which makes it an unlawful discriminatory practice to "coerce, intimidate, threaten, or interfere with any person" exercising their rights under the NDHRA or assisting another in doing so.

What actions are protected?

• Opposing any practice made unlawful by the NDHRA (including discrimination based on race, sex, age, disability, etc.).
• Filing a complaint, testifying, assisting, or participating in any investigation, proceeding, or hearing under the NDHRA.

Covered employers: The retaliation prohibition applies to the same employers covered by the rest of the Act—all who employ one or more employees for more than one quarter in the current or preceding year.

Filing deadline for retaliation claims: A person alleging retaliation under the NDHRA must file their complaint with the North Dakota Department of Labor and Human Rights within 300 days of the alleged retaliatory act. Alternatively, the aggrieved individual may file a civil lawsuit directly in state district court within the same 300-day window. If the person first files with the Department of Labor, and receives a dismissal or probable cause determination, they then have 90 days to bring a court action.

These NDHRA deadlines mirror those for underlying discrimination claims—retaliation is treated as an independent unlawful practice, but follows the same complaint windows and enforcement mechanisms.

Source: N.D. Cent. Code § 14-02.4-18; N.D. Cent. Code § 14-02.4-19