ND · Workplace Issues

Workplace Issues in North Dakota

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key North Dakota Law

North Dakota Century Code Section 14-02.4-03 (North Dakota Human Rights Act)

The North Dakota Human Rights Act prohibits employment discrimination based on race, color, religion, sex, national origin, age (40+), disability, status with regard to marriage or public assistance, or participation in lawful activity during nonworking hours. It applies to employers with 1 or more employees.

View official statute

Procedural Details in North Dakota

North Dakota is an at-will employment state. The North Dakota Human Rights Act covers employers with one employee and includes a notable protection for "participation in lawful activity during nonworking hours," which may protect off-duty conduct including legal recreational activities. Workers must file a complaint with the North Dakota Department of Labor and Human Rights within 300 days of the discriminatory act. North Dakota does not expressly protect sexual orientation or gender identity under state law; workers rely on Bostock v. Clayton County federally. North Dakota's minimum wage is $7.25 per hour, matching the federal floor. North Dakota has no state paid sick leave or paid family leave mandate. Wage claims may be filed with the North Dakota Department of Labor.

North Dakota Agencies & Resources

North Dakota Department of Labor and Human Rights

Investigates employment discrimination complaints and enforces wage and hour laws. File within 300 days of the discriminatory act.

Visit

EEOC Minneapolis Area Office

Handles federal employment discrimination charges for North Dakota workers.

Visit

North Dakota Job Service — Unemployment Insurance

Administers unemployment insurance benefits for eligible North Dakota workers.

Visit

Frequently Asked Questions

How long do I have to file a discrimination complaint in North Dakota?

Workers have 300 days from the discriminatory act to file a complaint with the North Dakota Department of Labor and Human Rights. North Dakota's law covers employers with one or more employees. After investigation, workers may pursue a right-to-sue notice to file in state or federal court.

Can my employer fire me for legal activities I do outside of work in North Dakota?

North Dakota's Human Rights Act includes protection for "participation in lawful activity during nonworking hours" as a protected characteristic. This may protect workers from termination for engaging in legal activities — such as legal recreational activities, legal political activities, or legal tobacco use — outside of work hours. The exact scope of this protection may require legal analysis.

What is North Dakota's minimum wage?

North Dakota's minimum wage follows the federal floor of $7.25 per hour. North Dakota has not enacted a higher state minimum wage. Workers who believe their wages are below the required minimum may file a complaint with the North Dakota Department of Labor or the U.S. Department of Labor Wage and Hour Division.

Does North Dakota protect sexual orientation in employment?

North Dakota's state law does not expressly protect sexual orientation or gender identity. Workers may rely on the federal Bostock v. Clayton County interpretation of Title VII's sex discrimination prohibition for federal-level protections.

Related Workplace Issues Scenarios

Have a Specific Situation in North Dakota?

Every situation is unique. Try our educational assessment tool for guidance based on your specific circumstances.

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026