Workplace Discrimination in North Dakota

Discrimination is an all-too-familiar scenario for many in the workplace. Likewise, it is also the most common type of workplace lawsuit that workers file. An experienced North Dakota workplace discrimination attorney can help. Find out how.

What Is Workplace Discrimination?

Discrimination in the workplace deals with unfair treatment. These laws find their basis on factors such as race, gender, sexual orientation, physical disability, physical qualities, or age. Workplace discrimination can occur between employees or between employers and existing or prospective employees.

North Dakota Labor laws make some types of workplace discrimination illegal. If illegal discrimination occurs, workers may be able to file a workplace discrimination lawsuit. A worker does not need to current ly have employment from a company to face qualifying discrimination. For instance, the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may become entitled to a claim.

Here are some of the most common types of discrimination that occur in the North Dakotawork environment:

• Choosing not to hire someone because of their disability
• Choosing not to promote someone because of their race
• Excluding someone from a project because management says they’re too old
• Making misogynistic comments about women
• Deliberately paying men more than women because the boss values their work more

Should You File a Complaint With the HR Department or the EEOC?

Most North Dakota companies have a human resources department and discrimination in the workplace falls within their portfolio. For that reason, raising concerns with the appropriate HR representative may include filing a written report, a possible sit-down interview, and an investigation.

Sometimes a company does not have a human resources department and there are no policies in place. To resolve the issue, you might take your concerns directly to the Equal Employment Opportunity Commission. They can assist you in investigating the claim and possibly filing a lawsuit.

An employee in North Dakota can file a federal complaint with either the Minneapolis Area Office or the Chicago District Office of the EEOC. The EEOC will send a copy of your claim to your employer within 10 days. As well, the EEOC offers mediation to you and your employer as a first step. If that fails, the EEOC will investigate your allegations. If the agency finds evidence of discrimination, they may choose to litigate the case on your behalf. However, the employer will often settle the case before it goes to court.

What Laws Protect Against Discrimination in the Workplace?

There are federal workplace discrimination laws that help to protect employees. On a federal level, North Dakota employees have protections from discrimination under Title VII of the Civil Rights Act of 1964. However, many states have even stronger laws that offer additional protection.

Let’s take an example. California became the first state where ethnic hair and the right to wear it naturally became a right. In other states, employers may discriminate against natural hair because of racial discrimination. 

As of June 15, 2020, the North Dakota Human Rights Act prohibits employment discrimination on the basis of sexual orientation and gender identity. North Dakota adapted this enriched meaning for the protected status “sex”, based on the Bostock v Clayton County, Georgia case.

Title VII of the Civil Rights Act of 1964

This specifically prohibits employers from discriminating against employees on the basis of race, religion, sex, color, or national origin. It typically applies to organizations with 15 or more employees. It also applies to schools (both public and private) and labor organizations. The EEOC’s primary responsibility is enforcing this law.

The North Dakota Department of Labor and Human Rights is responsible for enforcing both the North Dakota Human Rights Act and the North Dakota Housing Discrimination Act.  These laws prevent discrimination in employment, housing, public accommodation, public service, and credit transactions or lending. Protected categories in employment include race, color national origin, religion, sex, age, disability, marital status, and public assistance, and lawful activity.

Other Notable Applicable Federal Discrimination Laws

• Equal Pay Act (EPA) – Deals with equal pay act for men and women
• Age Discrimination in Employment Act (ADEA) – Protects workers aged 40 and over
• Americans with Disabilities Act – Protects employees with physical disabilities

Examples of State Workplace Discrimination Laws

• North Dakota: The North Dakota Human Rights Act prohibits discrimination on the basis of participation in lawful activity off the employer’s premises during nonworking hours. This activity must not be in direct conflict with the essential business-related interests of the employer.

• California: The CROWN Act – Bans employers from discriminating against ethnic hair.
• New York: Human Rights Law – Prohibits discrimination. It includes protections for ethnic hair, sexual orientation, and gender identity as protected characteristics
• Washington: Washington State Law Against Discrimination – Makes discrimination illegal, including discrimination against people with disabilities who rely on service animals

What Is the Workplace Discrimination Process Like?

Filing a claim for workplace discrimination in North Dakota can be a tricky process given the number of potential laws in play. This is especially the case when the characteristics of the case under protections only qualify under state law. The EEOC enforces federal workplace discrimination laws. In some cases, individual state labor departments handle the claims that only qualify under state law.

Filing a Claim

When it comes to federal claims, workers have about 180 days to file, to remain within the statute of limitations. Time is of the essence with discrimination claims. It’s a good idea to hire a discrimination lawyer to help from the beginning.

North Dakota Claimants also need to provide some basic information with their claim. Depending on the agency, the employer’s name, the name(s) of involved parties, and a description of the incident. It will also include the contact information for everyone involved.

Once the investigation has begun, the agency may request more information. They generally give you ample time and opportunity to produce said information if this happens.

Investigating the Claim

The investigation may involve interviewing the North Dakota employee, employer, other employees at the same place of business. However, it may also include anyone else who may have relevant information. The agency determines that the claim is valid and discrimination did, in fact, take place. The next step is generally to work for settlements or mediation. For this reason, both parties have incentive to work out a compromise.

It may become necessary to file a lawsuit with the appropriate court. This is especially true if the parties cannot reach a settlement on the employee’s behalf. If this is the case, an attorney can issue a “Right To Sue” letter. This letter gives the employee facing discrimianation the right to sue on their own accord.

The EEOC may dismiss your case if they do not find evidence that your employer violated the law. However, you can appeal this decision with the EEOC within 30 days of their final action. A North Dakota employee can submit an appeal online through the Public Portal. Alternatively, you can submit an appeal by mail, or in person at the Office of Federal Operations in Washington, D.C.

Work With an Experienced Workplace Discrimination Lawyer in North Dakota

Consider hiring a lawyer who specializes in discrimination in North Dakota as soon as the incident takes place. Experts often recommend that you resolve the issue internally through the proper HR channels. On the other hand, many employers mishandle these cases.

If you are considering a lawsuit, an attorney becomes even more necessary. North Dakota discrimination attorneys can help you with the paperwork, prepare you for depositions, and find corroborating witnesses to support your claim.

If the court rules in your favor, you might become entitled to several different compensatory benefits:

• Back pay
• Promotion
• Reinstatement
• Front pay
• Reasonable accommodations
• Payment of attorneys’ fees, court costs, and expert witness fees

Are you ready to find out if you are eligible for these benefits in North Dakota? Start with a case review. We can even help you connect with an attorney across North Dakota state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!