What are the differences between federal and state employment discrimination law?

In North Dakota, employment discrimination laws are handled at both the federal and state level. Federal employment discrimination laws are set by the U.S. Equal Employment Opportunity Commission (EEOC) and provide protection from unlawful discrimination based on race, color, religion, sex, national origin, age, disability, citizenship, marital status, or genetic information. These laws also prohibit employers from engaging in any retaliatory conduct against any employee that is based on any protected characteristics. At the state level, North Dakota’s Human Rights Act also prohibits employment discrimination and includes additional protections. This Act protects workers from discrimination based on their age, disability, national origin, race, religion, creed, color, sex, sexual orientation, gender identity, childbirth or related medical condition, genetic information, marital status, and status with regards to public assistance. This Act also provides protection from retaliatory conduct from employers. The biggest difference between federal and state employment discrimination laws is the scope of protection provided. The state laws are often more expansive than the federal law in terms of the categories of employees and type of discrimination protected. In addition, the remedies available to those experiencing discrimination may be different at the state and federal level. For example, if you believe you have been discriminated against under North Dakota’s Human Rights Act, you may file a complaint with the North Dakota Department of Human Rights, which would seek to resolve your complaint. On the other hand, if you believe you have been discriminated against under federal law, you may file a charge with the EEOC, and the EEOC would investigate and potentially file a lawsuit on your behalf.

What are the differences between federal and state employment discrimination law?

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