North Dakota Administrative Code
Title 46 - Labor Commissioner
Article 46-04 - Human Rights
Chapter 46-04-01 - Human Rights Practice and Procedure
Section 46-04-01-01 - Definitions

Universal Citation: ND Admin Code ยง 46-04-01-01
Current through Supplement No. 394, October, 2024

When used in this chapter or in the North Dakota Human Rights Act:

1. "Act" means the North Dakota Human Rights Act, North Dakota Century Code chapter 14-02.4.

2. "Alternative dispute resolution" means the confidential and voluntary mediation process facilitated by the department for resolving allegations of employment discrimination prior to investigation being conducted by the department.

3. "Charge of discrimination" means written allegations of a discriminatory practice in regard to employment filed with the department in compliance with these rules, including an amended charge of discrimination.

4. "Charging party" means a person, including the department, who files a charge of discrimination in regard to discriminatory employment practices under North Dakota Century Code chapter 14-02.4.

5. "Complainant" means a person, including the department, who files a complaint under North Dakota Century Code section 14-02.4-19, in all areas covered by the Act, except employment.

6. "Complaint" means written allegations of a discriminatory practice filed with the department in compliance with these rules, in all areas covered by the Act, except employment, including an amended complaint.

7. "Conciliation" means the negotiations facilitated by the department between a charging party and the respondent to resolve the issues involving employment, after there has been a determination of probable cause.

8. "Conciliation agreement" means a written agreement setting forth the terms that resolve the issues under conciliation.

9. "EEOC" means the United States equal employment opportunity commission.

10. "Informal negotiations" means negotiations facilitated by the department between a complainant or charging party and the respondent to resolve the issues raised in the complaint or charge of discrimination, which may include mediation or alternative dispute resolution.

11. "Negotiated settlement agreement" means a written agreement setting forth the terms that resolve the issues under informal negotiation.

12. "Respondent" means a person accused of a discriminatory practice.

General Authority: NDCC 14-02.4-22

Law Implemented: NDCC 14-02.4

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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