Federal & State Regulations | Discrimination - Other - North Dakota

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The North Dakota law identifies the following protected classes for purposes of employment discrimination:

Race,
Color,
Religion,
Sex (includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth),
National origin (the place of birth of an individual or any of the individual’s lineal ancestors),
Age (40 or more),
Physical or mental disability,
Status with respect to marriage or public assistance, and
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.

It is also a discriminatory practice in North Dakota for a person to conceal unlawful discrimination or aid, abet, compel, coerce, incite, or induce another person to unlawfully discriminate, or to engage in any form of threats, retaliation, or discrimination against a person who has opposed any unlawful discriminatory practice or who, has filed a complaint, testified, assisted, or participated in an investigation, proceeding, hearing, or litigation.

Employer defined

“Employer” means a person within the state who employs one or more employees for more than one quarter of the year and a person wherever situated who employs one or more employees whose services are to be partially or wholly performed in the state.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those for other protected classes. For example, the state law includes an exemption for a bona fide occupational qualification.

It is not a discriminatory practice for an employer to fail or refuse to hire an individual, or to discharge an individual, on the basis of participation in a lawful activity off the employer’s premises during nonworking hours if that participation is contrary to a bona fide occupational qualification that reasonably and rationally relates to employment activities and the responsibilities of a particular employee or group of employees, rather than to all employees of that employer.