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North Dakota

Regulatory Strength: ‏‏ Moderate ‏
Effective before 2016

Protected groups:

  • Gender

Applicable to:

  • Private and public companies*
  • May cover state and local government employees*

HR practices:

  • Employer cannot retaliate against employees who file a complaint or testify regarding pay discrimination
  • Pay Analysis Groups are defined differently than the Federal “Similarly Situated” standard

Defenses/Rebuttals:

  • Employee accepting a low wage is not an acceptable defense for differences in pay

Remedies:

  • Up to two (2) times the amount of back pay awarded
  • Employer is liable for plaintiff attorney fees
  • Every paycheck may be considered a separate violation
  • Violations may incur criminal charges

Please click HERE for access to N.D.C.C. § 34-06.1-03, Equal Pay for Men and Women.
*see law for specific inclusions/exclusions

Last revised 08/23/2019

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