The North Dakota Human Rights Act (N.D. Cent. Code §14‑02.4) applies to most employers in the state with one or more employees. The Act protects employees and applicants from discrimination based on a physical or mental disability, among other characteristics. "Disability" under this statute refers to a physical or mental impairment that substantially limits one or more major life activities. Employers, including private businesses, government entities, and labor organizations, fall under this law if they have at least one employee. For additional statutory language, refer to N.D. Cent. Code §14‑02.4.
Under North Dakota law, employers are required to provide reasonable accommodations to qualified individuals with disabilities unless it would impose an undue hardship on the business. Examples of reasonable accommodations include modifying work schedules, allowing assistive devices, making physical changes to the workplace, and adjusting policies or break times. The goal is to enable the employee to perform the essential functions of the job—if such adjustments are feasible and do not cause significant business hardship. For more guidance, consult the North Dakota Human Rights Act regulations.
The interactive process is an ongoing communication between the employer and employee to explore possible accommodations. Employees may request accommodations in writing or verbally, and employers may request reasonable medical documentation to verify the need. Although North Dakota law does not set specific response timelines, timely and good-faith responses are important to avoid legal risk. Employers are encouraged to document the process, maintain confidentiality, and follow up regularly. Setting internal 7–10 business-day benchmarks from request to initial response often helps demonstrate diligence.
Employees who believe their rights under N.D. Cent. Code §14‑02.4 have been violated can file a complaint with the North Dakota Department of Labor & Human Rights. The agency investigates, and if it finds probable cause, can order remedies such as back pay, reinstatement, or changes to policies. Employers may also face civil penalties for noncompliance. For a detailed overview of the complaint process, visit the North Dakota Department of Labor & Human Rights.
Managing accommodation requests under North Dakota Human Rights Act (N.D. Cent. Code §14‑02.4) can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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To support compliance and foster a more inclusive workplace culture, consider these best practices: