What are the differences between discrimination in hiring and discrimination in the workplace?

Discrimination in hiring and discrimination in the workplace are two distinct types of employment discrimination that are protected by North Dakota law. Discrimination in hiring occurs when employers consider factors such as race, color, religion, sex, national origin, disability, or age in their hiring process or set different hiring standards for different applicant groups. Discrimination in the workplace occurs when employers treat employees differently based on factors such as race, color, religion, sex, national origin, disability, or age, or when employers create discriminatory work policies or environments. In North Dakota, employers are prohibited from discriminating against job applicants or current employees in any aspect of employment, including hiring, pay, promotions, termination, layoffs, training, or other terms, conditions, and privileges of employment. Employers are also prohibited from discriminating against job applicants on the basis of any medical condition or disability. Discrimination in hiring is usually more difficult to prove than discrimination in the workplace. This is because it is difficult to establish that the employer was aware of the applicant’s protected characteristic or that the employer acted with a discriminatory intent. However, it is important to note that employers can be held liable for discrimination in hiring even when no specific intent can be proven. Discrimination in the workplace is easier to prove because the evidence lies in the behavior or policies of the employer. Employers can be held liable for discrimination in the workplace even if the employer is unaware of the discrimination. It is important for employers to create a safe and inclusive work environment and to ensure that all their policies and practices are non-discriminatory.

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