North Dakota Employment Discrimination Law Explained: Your Rights Under the NDHRA

TL;DR: North Dakota employment discrimination law — anchored in the North Dakota Human Rights Act (N.D.C.C. Chapter 14-02.4) — protects workers at virtually every employer in the state, no matter how small. It covers more protected classes than federal law, including marital status, public assistance status, and lawful off-duty activities. You have 300 days from the most recent discriminatory act to file a charge. If you think your rights have been violated, talk to us and get matched with a vetted North Dakota employment attorney.

The North Dakota Human Rights Act (NDHRA), codified at N.D.C.C. Chapter 14-02.4, is the primary state law protecting workers from employment discrimination. It was enacted on July 1, 1983, and in 1997 the state legislature amended it to rename the chapter from "Discrimination" to "Human Rights," making its purpose clearer. The law applies to employment, public accommodations, housing, state and local government services, and credit transactions — but this guide focuses on the employment piece, which is where the most robust enforcement tools live.

The NDHRA is enforced by the Human Rights Division of the North Dakota Department of Labor and Human Rights. That agency investigates charges of unlawful discrimination in employment, educates the public about human rights laws, and studies the nature and extent of discrimination across the state. The Division also maintains a work-sharing agreement with the federal Equal Employment Opportunity Commission (EEOC), so charges filed with one agency can be cross-filed with the other.

One of the most important — and least-known — features of north dakota employment discrimination law is how broadly it defines a covered employer. Under the NDHRA, the anti-discrimination statute covers employers of any size. That means a sole proprietor with a single employee must comply with state anti-discrimination requirements, making North Dakota one of only a handful of states with such broad employer coverage.

Compare that to federal law: Title VII of the Civil Rights Act of 1964 requires at least 15 employees before it kicks in, and the federal Age Discrimination in Employment Act (ADEA) requires at least 20. If you work for a small business that would fall below the federal thresholds, state law may be your primary — or only — avenue for relief. That makes knowing the NDHRA crucial for employees across the Peace Garden State, whether you work in Bismarck, Fargo, Grand Forks, or a small rural community.

The NDHRA, at N.D.C.C. § 14-02.4-01 and § 14-02.4-03, prohibits discrimination in employment based on the following protected characteristics:

• Race, color, and national origin
• Religion
• Sex (including pregnancy)
• Age (40 and older)
• Physical or mental disability
• Marital status
• Status with respect to public assistance
• Participation in lawful off-duty activities that do not conflict with the employer's essential business interests

That last protected class — lawful off-duty activities — is uniquely broad and goes well beyond federal protections. Employers generally cannot take adverse action against you for legal activities you conduct on your own time, as long as those activities do not directly conflict with essential business interests. This can include political activities, certain lifestyle choices, and other lawful personal conduct outside of working hours. The law also covers harassment: conduct directed at any protected characteristic that is unwelcome, objectionable, or not solicited is prohibited.

The prohibited employment actions are sweeping. It is unlawful for an employer to refuse to hire, to discharge, or to otherwise discriminate in the terms, conditions, or privileges of employment — including hiring, firing, promotions, pay, training, and benefits — because of any of the above protected characteristics. Employment agencies and labor organizations face similar restrictions.

North Dakota law does not just prohibit discrimination — it also makes retaliation a discriminatory practice in its own right. Under N.D.C.C. § 14-02.4-18, it is unlawful for anyone to engage in any form of threats, retaliation, or discrimination against a person who has opposed any unlawful discriminatory practice or who, in good faith, has filed a complaint, testified, assisted, or participated in an investigation, proceeding, hearing, or litigation under the NDHRA.

In plain terms: if you complain internally about discrimination, file a charge with the Department of Labor, or simply cooperate as a witness in someone else's case, your employer cannot legally punish you for it. Retaliation protection extends to employees at all workplaces, regardless of size. If you believe your employer has retaliated against you for speaking up, do not wait — get matched in under a minute with an attorney who can assess your situation.

If you believe you have experienced unlawful employment discrimination, you generally must file an administrative charge before you can sue in court. In North Dakota, you have two agencies to choose from:

You can file a charge of discrimination directly with the Human Rights Division at 600 East Boulevard Avenue, Dept. 406, Bismarck, ND 58505, or toll-free at 1-800-582-8032. The agency accepts filings online or by mail. Once you file, the Department will contact you within 30 days, and if it has jurisdiction, will assign an investigator to your case. The investigator may interview you, your employer, and witnesses, and review supporting documents.

You may also file with the federal Equal Employment Opportunity Commission. The EEOC's Minneapolis Area Office serves North Dakota. Because the two agencies have a work-sharing agreement, filing with one agency is generally enough — just tell the agency you want it to cross-file your charge with the other. If your employer has between 1 and 14 employees, the state Human Rights Division is likely your best option, since the EEOC enforces federal law covering only employers with 15 or more employees (or 20 in age discrimination cases).

This is the most important number to remember: you must file your charge no later than 300 days from the "last date of harm" — the date you believe the most recent discriminatory event occurred. The North Dakota Department of Labor and Human Rights confirms this deadline on its official employment discrimination page, and it is mirrored in EEOC practice for deferral states like North Dakota. Missing this window almost always means losing your right to pursue a claim. File as early as possible and consult an attorney before the clock runs out.

If your charge is substantiated, or if you proceed to court, a range of remedies may be available to you under the NDHRA and federal law. State law remedies generally include:

• Reinstatement to your former position
• Back pay (limited to no more than two years from the date your complaint was filed under state administrative proceedings)
• Compensatory damages (available through court action)
• Attorney's fees
• Injunctive and equitable relief

One important strategic point: the NDHRA does not permit punitive damages through administrative proceedings and caps back pay at two years. Because of this, some North Dakota attorneys choose to pursue cases in federal court under federal statutes like Title VII or the ADEA, which allow for punitive damages and broader remedies. If your employer has 15 or more employees, you may have both federal and state options open to you. An attorney can help you decide which path gives you the strongest case.

Yes. Sexual harassment is a form of sex discrimination prohibited under the NDHRA. Conduct directed at an employee because of their sex that is unwelcome, objectionable, or not solicited — whether it creates a hostile work environment or results in a tangible employment action — violates state law. Because the NDHRA covers all employers regardless of size, even employees at very small companies have state-law protections against sexual harassment.

Yes. The North Dakota anti-discrimination statute covers employers of any size. There is no minimum employee count under state law, so even if you work for an employer with just one, two, or three employees, you have the right to file a charge of discrimination with the Human Rights Division of the North Dakota Department of Labor and Human Rights. Federal law would not cover you at that employer size, which is exactly why the state law matters so much for workers at small businesses.

It means your employer generally cannot fire, demote, or otherwise discipline you for things you do legally on your own time — as long as those activities do not directly conflict with the employer's essential business interests. This can include your political activities, certain lifestyle choices, and other legal personal conduct. If your employer took adverse action against you because of something you did off the clock and off company premises, you may have a claim under the NDHRA even if no other protected class is involved.

Once you file, the Department will contact you within 30 days. If it determines it has jurisdiction, an investigator will be assigned to your charge. The investigator may conduct interviews with you, your employer, and any witnesses, and review documentation from both sides. The agency may attempt to resolve the matter through conciliation — a voluntary settlement agreement between you and your employer. If conciliation fails and discrimination is found, the matter may be referred for further proceedings or you may be given the right to pursue a civil lawsuit.

Generally, no — at least not for federal claims. Under federal law, the EEOC must first issue a "Notice of Right to Sue" before you can file a lawsuit based on a federal discrimination statute, and a lawsuit must be filed within 90 days of receiving that notice. For state claims under the NDHRA, you should consult with an attorney about the specific procedural requirements, because other legal claims may have shorter deadlines that run concurrently. An experienced employment attorney can map out the right sequence of steps for your situation.

North Dakota employment discrimination law gives you real, enforceable rights — but only if you act within the deadlines. The 300-day filing window closes fast, especially if you are dealing with the stress of losing a job or navigating a hostile workplace. Understanding whether you have a state claim, a federal claim, or both can make an enormous difference in the remedies available to you.

DearLegal makes it easy to connect with a vetted employment discrimination attorney who knows North Dakota law. There is no obligation, no guesswork, and no waiting weeks for a callback. Start your case today and let us match you with the right lawyer for your situation — so you can focus on what matters most: getting the justice you deserve.

DearLegal is not a law firm and does not provide legal advice. This article is for informational purposes only. Consult a licensed attorney in your state for advice on your specific situation.