Whistleblower Protection Law Summaries
North Dakota, Whistleblower Protection Law Summaries
North Dakota's whistleblower provisions are found in the North Dakota Century Code Annotated, Title 14, Sec. 14-02.4-18; Title 34, Sec. 34-01-20 and Sec. 34-11.1-04.
DEFINITIONS
“Public employee” under Sec. 34-11.1-04 means any person providing services for the state, county, city, or other political subdivision, for which compensation is paid. “Employee” also includes a person subject to the civil service merit system or civil service laws of the state government, governmental agency, or political subdivision. “Employee” does not include elected public officials, persons holding appointed statutory office, and all members of the governor's staff (Sec. 34-11.1-01).
“Person” under Sec. 14-02.4-18 means an individual, partnership, association, corporation, limited liability company, unincorporated organization, companies public body, and the state and its political subdivision (Sec. 14-02.4-02, as amended by S. 2217, L. 2001, effective August 1, 2001).
“Prohibited acts:” It is a discriminatory practice for a person to conceal unlawful discrimination or aid, abet, compel, coerce, incite, or induce another person to unlawfully discriminate in violation of this chapter, or to engage in any form of threats, retaliation, or discrimination against a person who has opposed any unlawful discriminatory practice or who, in good faith, has filed a complaint, testified, assisted, or participated in an investigation, proceeding, hearing, or litigation under this chapter (Sec. 14-02.4-18, as amended by H. 1130, L. 2005).
An employer may not discharge, discipline, threaten discrimination, or penalize an employee regarding the employee's compensation, conditions, location, or privileges of employment because (Sec. 34-01-20, as amended by S. 2226, L. 2001, effective August 1, 2001):
The employee or a person acting on behalf of the employee, in good faith, reports a violation or suspected violation of federal, state or local law, ordinance, regulation or rule to an employer, governmental body or law enforcement official.
The employee is requested by a public body or official to participate in an investigation, hearing, or inquiry.
The employee refuses an employer's order to perform an action that the employee believes violates local, state or federal law, ordinance, rule or regulation. The employee must have an objective basis in fact for that belief and must inform the employer that the order is being refused for that reason.
No employee may be dismissed from employment, be transferred or reassigned, be denied promotion, be demoted, or be discriminated against in any term or condition of employment because the employee reported in writing any job related violations of local, state or federal law, rule, regulation or ordinance, or job related misuses of public resources to the agency head, the state's attorney, the attorney general, or an employee organization (Sec. 34-11.1-04, as amended by S. 2267, L. 2009).
COVERAGE
“Persons” are covered under Sec. 14-02.4-18. “Person” under Sec. 14-02.4-18 means an individual, partnership, association, corporation, limited liability company, unincorporated organization, companies public body, and the state and its political subdivision (Sec. 14-02.4-02, as amended by S. 2217, L. 2001, effective August 1, 2001).
“Employers” are covered and “employees ” are protected under Sec. 34-01-20.
Only public employees are protected under Sec. 34-11.1-04. “Employee” under Sec. 34-11.1-04 includes any person providing services for the state, county, city, or other political subdivision, for which compensation is paid. “Employee” also includes a person subject to the civil service merit system or civil service laws of the state government, governmental agency, or political subdivision. “Employee” does not include elected public official, person holding appointed statutory office, and all members of the governor's staff (Sec. 34-11.1-01).
EXCEPTIONS
Sec. 34-11.1-04 prohibited acts does not include disciplinary action taken against an employee who intentionally furnishes false information (Sec. 34-11.1-04, as amended by S. 2267, L. 2009).
WHAT THE EMPLOYER MUST DO
An employer may not discharge, discipline, threaten discrimination, or penalize an employee regarding the employee's compensation, conditions, location, or privileges of employment because (Sec. 34-01-20, as amended by S. 2226, L. 2001, effective August 1, 2001):
The employee or a person acting on behalf of the employee, in good faith, reports a violation or suspected violation of federal, state or local law, ordinance, regulation or rule to an employer or to a governmental body or law enforcement official.
The employee is requested by a public body or official to participate in an investigation, hearing, or inquiry.
The employee refuses an employer's order to perform an action that the employee believes violates local, state or federal law, ordinance, rule or regulation. The employee must have an objective basis in fact for that belief and must inform the employer that the order is being refused for that reason.
No employee may be dismissed from employment, have salary increases or employment-related benefits withheld, be transferred or reassigned, be denied promotion, be demoted, or be discriminated against in any term or condition of employment because the employee reported in writing any job related violations of local, state or federal law, rule, regulation or ordinance, or job related misuses of public resources to the agency head, the state's attorney, the attorney general, or an employee organization (Sec. 34-11.1-04, as amended by S. 2267, L. 2009).
Fair employment practices.- It is a discriminatory practice for a person to conceal unlawful discrimination or aid, abet, compel, coerce, incite, or induce another person to unlawfully discriminate in violation of this chapter, or to engage in any form of threats, retaliation, or discrimination against a person who has opposed any unlawful discriminatory practice or who, in good faith, has filed a complaint, testified, assisted, or participated in an investigation, proceeding, hearing, or litigation under this chapter (Sec. 14-02.4-18, as amended by H. 1130, L. 2005).
An employee may not be discharged, disciplined, or penalized concerning the employee's compensation, conditions, location or other privileges of employment because of the employee's request for or participation in the mediation services provided by the Central Personnel Division (Sec. 1, S. 2107, L. 2003, effective August 1, 2003).
ENFORCEMENT
The Division of Human Rights within the Department of Labor is responsible for enforcing Sec. 14-02.4-18, although an aggrieved party may seek private remedy through a civil suit.
An employee asserting a violation of Sec. 34-01-20 may bring a civil action for injunctive relief or actual damages, or both, within 180 days after the alleged violation, completion of proceedings by the Department of Labor (see below), or completion of any grievance procedure available to the employee under the employee's collective bargaining agreement, employment contract, or any public employee statute, rule, or policy, whichever is later (Sec. 34-01-20, as amended by S. 2226, L. 2001, effective August 1, 2001).
If the court determines that a violation has or is occurring, the court may order reinstatement of the employee, back pay for no more than two years after the violation, reinstatement of fringe benefits, temporary or permanent injunctive relief, or any combination of these remedies. Interim earnings or amounts earnable with reasonable diligence by the employee, from the same employer, must reduce back pay otherwise allowable (Sec. 34-01-20, as amended by S. 2226, L. 2001, effective August 1, 2001).
The court may award reasonable attorneys' fees to the prevailing party as part of the costs of litigation (Sec. 34-01-20, as amended by S. 2226, L. 2001, effective August 1, 2001).
An employee whose collective bargaining agreement, employment contract, or public employee rights provides a process through which recourse for employer retaliation prohibited by Sec. 34-01-20 is available must exercise that process to completion before commencing an action as described above, and if that process provides for judicial review by statutory appeal, then recourse as described above is not available (Sec. 34-01-20, as amended by S. 2226, L. 2001, effective August 1, 2001).
The labor department shall receive complaints of violations of this section and may attempt to obtain voluntary compliance through informal advice, negotiation, or conciliation. In order to receive assistance from the department, a person claiming to be aggrieved by a retaliation complaint must file a complaint with the department within 300 days after the alleged act of wrongdoing. An employee is not prohibited from filing, or required to file, a complaint with the department before proceeding under other provisions of this section (Sec. 34-11.1-04, as amended by S. 2267, L. 2009).
WHO TO CONTACT
Contact the Department of Labor at State Capitol, 6th Floor, 600 E. Boulevard Ave., Bismarck, ND 58505. Telephone: (701) 328-3251. Fax: (701) 328-2031.
PENALTIES
An employer who willfully violates Sec. 34-01-20 is guilty of an infraction (Sec. 34-01-20, as amended by S. 2226, L. 2001, effective August 1, 2001). A violation of Sec. 34-11.1-04 is a class B misdemeanor (Sec. 34-11.1-08).
<p>An employer who willfully violates Sec. 34-01-20 is guilty of an infraction (Sec. 34-01-20, as amended by S. 2226, L. 2001, effective August 1, 2001).</p>
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