North Dakota reasonable‑accommodation requirements

Coverage & definitions

The North Dakota Human Rights Act (N.D.C.C. ch. 14-02.4) applies to employers of every size, against a federal ADA threshold of 15. “Disability” is a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having one. Since August 1, 2015, § 14-02.4-03 has separately required accommodation of pregnancy, childbirth and related conditions, also at every employer size.

Reasonable‑accommodation duties

Employers must provide reasonable accommodations to qualified employees and applicants with disabilities unless doing so would impose an undue hardship. Examples include modified schedules, accessible facilities, assistive technology, and job restructuring.

For pregnancy, employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth or a related condition unless they demonstrate undue hardship, and may not deny employment opportunities because of the need for one.

Notice, documentation & the interactive process

Employers may request documentation where a disability or pregnancy-related need is not obvious, limited to confirming the condition and the need, and must keep it confidential. A prompt, good-faith interactive process is expected; there is no fixed statutory deadline.

Enforcement & penalties

Complaints are filed with the North Dakota Department of Labor and Human Rights within 300 days. The Department investigates and may conciliate; a civil action is available. Remedies include back pay, reinstatement, and compensatory damages; punitive damages are not available under the state Act.

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Practical tips for employers

• Do not screen by headcount; the Act reaches every employer.
• Treat pregnancy requests with the same process as disability requests.
• Limit documentation requests to the condition and the accommodation sought.
• Note the 300-day filing window when setting record-retention periods.

This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.