North Dakota Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in North Dakota and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

In North Dakota, House Bill 1282 restricts public employers from inquiring into or considering an applicant’s criminal history prior to conducting an interview. It doesn’t apply to private employers, and some positions or departments may be exempt when a background check is a required condition of employment.

Does North Dakota Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are laws in place in North Dakota that differ from federal regulations. Specifically, additional protected classes are included in the state Human Rights Act and

Do North Dakota Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The state’s Equal Pay for Men and Women Act mirrors the federal EPA, requiring equal pay for comparable work. It also prohibits retaliation against employees who raise questions or otherwise exercise their rights under this law.

Do North Dakota Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The North Dakota Human Rights Act includes protections against discrimination for employees ages 40 and over. It is similar to the ADEA.

Do North Dakota Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Under the North Dakota Human Rights Act, disability is a protected class. Employers may not discriminate based on disability when hiring. However, the state law does permit an employer to reject an accommodation request that contradicts its business needs. In the state law, disability is defined as a mental or physical impairment that substantially limits major life activities.

Do North Dakota Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

The North Dakota Human Rights Act prohibits discrimination based on genetic information in hiring. The language around this restriction is similar to what is found in GINA.

Do North Dakota Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The state’s human right laws include the following protected categories in employment:

• Race
• Receipt of public assistance (state or federal)
• Color
• Marital status
• National origin
• Mental or physical disability
• Religion
• Age (40+)
• Sex

Are There Different Fair Hiring Laws in Cities or Municipalities Across North Dakota?

There are no differing laws regarding fair hiring in cities or municipalities in North Dakota.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.