Facing Age Bias? Legal Resources in North Dakota

Exceptions, Resources, and Taking Action: A Roadmap to Justice

Ageing shouldn't be a barrier to opportunity, yet age discrimination remains a persistent issue. Thankfully, North Dakota has laws in place to safeguard individuals from unfair treatment based on their age in various aspects of life. But understanding who falls under these protections can be tricky, so let's delve into the details and navigate the maze of age discrimination laws in the state.

The Scope of Protection:

North Dakota's primary shield against age discrimination comes in the form of the North Dakota Human Rights Act (NDHRA). This law prohibits discrimination based on several protected characteristics, including age (for individuals 40 years old and older). This means anyone in North Dakota who has reached the age of 40 is protected from unfair treatment based on their age in various settings, including:

• Employment: Employers cannot discriminate against individuals in hiring, firing, promotion, pay, benefits, or any other terms and conditions of employment. This includes refusing to hire or promote someone based on their age, offering lower wages or fewer benefits to older workers, or forcing them to retire early.

• Housing: Landlords and property managers cannot deny housing or discriminate in terms of rent, conditions, or availability based on an individual's age.

• Public Accommodations: Businesses and organizations that provide services to the public, such as restaurants, hotels, stores, and transportation providers, cannot discriminate against individuals based on their age.

• State and Local Government Services: Government agencies and officials cannot discriminate against individuals in providing services or access to programs based on their age.

Beyond the NDHRA:

While the NDHRA sets the baseline, additional federal laws offer further protection against age discrimination. These include:

• Age Discrimination in Employment Act (ADEA): This federal law prohibits age discrimination in employment for individuals 40 years old and older.

• Americans with Disabilities Act (ADA): While not specifically focused on age, the ADA can protect individuals who are perceived as being of a certain age due to a disability.

Navigating the Exceptions:

It's important to note that there are some exceptions to these protections. For example, employers may be able to justify age-based decisions if they can demonstrate a bona fide occupational qualification (BFOQ) that is reasonably necessary to the normal operation of the business. Additionally, some specific types of jobs, such as law enforcement or firefighting, may have legitimate age requirements based on physical fitness or safety concerns.

Seeking Help and Resources:

If you believe you have been discriminated against based on your age in North Dakota, you have several options for seeking help:

• North Dakota Department of Labor and Human Rights: You can file a complaint with the department's Human Rights Division, which will investigate your claim and attempt to resolve the issue.

• Equal Employment Opportunity Commission (EEOC): If the alleged discrimination occurred in employment, you can file a charge with the EEOC, which will investigate and attempt to resolve the issue or provide you with a right-to-sue letter.

• Private Attorney: You can also consult with a private attorney specializing in employment or discrimination law.

Remember: Age discrimination is illegal, and you have the right to be treated fairly and equally. By understanding your rights and the resources available, you can take steps to protect yourself and ensure that your age is not a barrier to your opportunities.

Related Content