North Dakota Administrative Code
Title 46 - Labor Commissioner
Article 46-04 - Human Rights
Chapter 46-04-01 - Human Rights Practice and Procedure
Section 46-04-01-03 - Complaint or charge of discrimination

Universal Citation: ND Admin Code ยง 46-04-01-03

Current through Supplement No. 394, October, 2024

1. A complaint or charge of discrimination may be filed by any aggrieved person or the person's duly authorized representative. A complaint or charge of discrimination filed by a representative shall state that the representative is authorized to file the complaint. The department may file a complaint or charge of discrimination.

2. Department staff shall be available during regular business hours to provide reasonable assistance to the aggrieved person in the drafting of the complaint or charge of discrimination.

3. Every complaint or charge of discrimination must be in writing, signed and verified upon a form designated by the department.

4. A complaint or charge of discrimination must contain a concise statement setting forth, to the extent reasonably possible, the following information:

a. The name, address, and telephone number of the complainant or charging party;

b. The name, address, and telephone number of the respondents;

c. The specific basis for the complainant's or charging party's belief that an unlawful practice has occurred, with relevant dates, places, and names of any individual participating in the alleged unlawful conduct or practice;

d. The specific basis for the complainant's or charging party's belief that the alleged conduct is subject to the Act, identifying the statute to be reviewed;

e. The specific harm the complainant or charging party believes he or she has suffered as a result of the alleged unlawful conduct; and

f. Any other information required by the department.

5. A complaint or charge of discrimination may be amended at any time by the complainant, the charging party, or the department in order to:

a. Cure technical defects or omissions;

b. Allege additional facts if they relate to the facts in the original complaint or charge of discrimination;

c. Add, remove, or change a party; or

d. Accomplish the purposes of the Act.

6. A complaint of discrimination may be withdrawn by a complainant. A charge of discrimination may be withdrawn by a charging party but only with the consent of the department. A complainant or charging party may submit a signed request for withdrawal with the department at any time. The department shall consider whether the withdrawal of the charge would defeat the purposes of the Act, and based upon that assessment, may permit or refuse to permit the withdrawal of a charge of discrimination by a charging party.

7. A charge of discrimination filed with the department that alleges a violation of law administered by the EEOC under the then existing work-sharing agreement shall be forwarded to the EEOC by the department.

General Authority: NDCC 14-02.4-22

Law Implemented: NDCC 14-02.4-19, 14-02.4-23

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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