State and Federal Agencies and Laws


State and Federal Agencies

- North Dakota Department of Labor and Human Rights - responsible for enforcing the North Dakota Human Rights Act (N.D.C.C. Chapter 14-02.4); investigates complaints alleging discriminatory practices.

- U.S. Department of Education, Office for Civil Rights (OCR) - responsible for ensuring equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.

- Office of Federal Contract Compliance Programs (OFCCP) - responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination.  NDSU is a federal contractor.

- U. S. Equal Employment Opportunity Commission (EEOC) - responsible for enforcing federal laws that make it illegal to discriminate or retaliate against a job applicant or an employee.

- National Science Foundation (NSF)

- U.S. Department of Health and Human Services, Office for Civil Rights (OCR) - responsible for enforcing federal laws against discrimination by healthcare and human services providers (including NDSU's Family Healthcare Pharmacy).

- U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights (OASCR) - responsible for enforcing federal laws against discrimination in relation to employment and the provision of government services (including NDSU's Extension Service).

- U.S. Department of Transportation, Office of Civil Rights (OCR) - responsible for enforcing civil rights laws in relation to employment and the provision of government services (including NDSU's Upper Great Plains Transportation Institute).

State Laws

- North Dakota Human Rights Act - "It is the policy of this state to prohibit discrimination on the basis or race, color, religion, sex, national origin, age, the presence of any mental or physical disability, status with regard to marriage or public assistance, or participation in lawful activity off the employer's premises during nonworking hours which is not in direct conflict with essential business-related interests of the employer."

North Dakota Century Code chapter 15-10-68  addresses restrooms and shower rooms exclusively for males or exclusively for females. **Bathrooms in residence halls are impacted by this new law.  With the exception of Burgum Hall, all other residence halls have been designed or remodeled to be inclusive of having gender neutral bathroom facilities available.  Bathrooms in other areas of campus are not impacted by this law. **

- North Dakota Century Code chapter 37-14.1 - requires that qualifying veterans and spouses of qualifying veterans who are residents of North Dakota be granted preference in public employment.

Federal Laws

AGE:
- Age Discrimination Act of 1975 - prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

- Age Discrimination in Employment Act of 1967 - prohibits discrimination based on age in employment for employees 40 years old or older.

DISABILITY:
- Americans with Disabilities Act of 1990 - prohibits discrimination on the basis of disability, ensures accessibility of buildings, and provides for reasonable accommodations in employment and education.

- Section 503 of the Rehabilitation Act of 1973 - prohibits discrimination based on disability by federal contractors and requires affirmative action to employ and advance in employment qualified individuals with disabilities.

- Section 504 of the Rehabilitation Act of 1973 - prohibits discrimination based on disability in federally assisted programs.

- Section 508 of the Rehabilitation Act of 1973 - requires that individuals with disabilities have access to and use of information and data that is comparable to that provided to those without disabilities.

GENDER/SEX:
- Lilly Ledbetter Fair Pay Act of 2009 - expands timeliness requirements for the filing of a discrimination suit so long as any act of discrimination, including receipt of a paycheck that reflects a past act of discrimination, occurs within the 180-day period of limitations.  Each paycheck that contains discriminatory compensation is a separate violation regardless of when the discrimination began.

- Pregnancy Discrimination Act of 1978 - prohibits discrimination in employment based on pregnancy and related conditions.

- Title IX of the Education Amendments of 1972 - prohibits sex discrimination and harassment in any education program or activity receiving federal financial assistance.

- Equal Pay Act of 1963 - prohibits sex discrimination in payment of wages to women and men performing substantially equal work in the same establishment.

- Title VII of the Civil Rights Act of 1964 - prohibits discrimination in employment based on race, color, religion, sex, or national origin.

RACE, COLOR, NATIONAL ORIGIN:
- Title VI of the Civil Rights Act of 1964 - prohibits discrimination based on race, color, or national origin in federally assisted programs.

- Title VII of the Civil Rights Act of 1964 - prohibits discrimination in employment based on race, color, religion, sex, or national origin.

RELIGION:
- Title VII of the Civil Rights Act of 1964 - prohibits discrimination in employment based on race, color, religion, sex, or national origin.

OTHER:
- Campus Sexual Violence Elimination Act or Campus SaVE Act of 2013 - amendment to Clery Acto to help bolster the response to and prevention of sexual violence in higher education.

- Violence Against Women Reauthorization Act of 2013 (VAWA) - dedicated to ending violence against women through rape prevention efforts, funding for victim services, and other measures.

- Jeanne Clery Disclosure of Campus Security Police and Campus Crime Statistics Act (Clery Act of 1990) - requires universities to share information about campus crimes, make efforts to improve campus safety, and give timely warnings about crimes on or near campus.

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