North Dakota State Civil Rights Complaint (NDHRA, N.D.C.C. Ch. 14-02.4)

NORTH DAKOTA HUMAN RIGHTS ACT EMPLOYMENT COMPLAINT

Use limitation: This draft is limited to employment claims under N.D.C.C.
chapter 14-02.4. It does not plead a federal, constitutional, or other state
claim. Counsel must draft and verify any separate count and its prerequisites,
limitations, defendants, defenses, forum, jury right, and remedies
independently.

1. Counsel route, coverage, and deadline gate

2. Caption

STATE OF NORTH DAKOTA

IN DISTRICT COURT

[________________________________] JUDICIAL DISTRICT

COUNTY OF [________________________________]

Case No. [________________________________]

COMPLAINT UNDER N.D.C.C. CHAPTER 14-02.4

3. Parties

1. Plaintiff [PLAINTIFF NAME] is an individual who performed services for
   Defendant for compensation as [POSITION] in [LOCATION]. Facts establishing
   covered-employee status are:
   [____________________________________________________________].

2. Defendant [EMPLOYER NAME] is a [ENTITY TYPE] with an address at [ADDRESS].
   The § 14-02.4-02(8) employer branch and supporting facts are:

☐ Defendant is within North Dakota and employed one or more employees for
more than one quarter of the year.

☐ Defendant is elsewhere situated and employed one or more employees whose
services were partially or wholly performed in North Dakota.

Supporting payroll, work-location, duration, and entity facts:
[____________________________________________________________].

3. Any individual defendant or additional entity is included only under the
   following independently identified authority and facts:
   [____________________________________________________________].

4. Jurisdiction, venue, and route

4. This Court has power to hear and determine civil actions under N.D.C.C.
   § 27-05-06 and hears this chapter 14-02.4 action subject to the route,
   limitations, and venue requirements below.

5. Venue is selected under § 14-02.4-19(2) because:

☐ The alleged unlawful practice was committed in this judicial district.

☐ Records relevant to the practice are maintained and administered in this
judicial district.

☐ Plaintiff would have worked in this judicial district but for the alleged
practice.

Supporting venue facts: [____________________________________________].

6. Plaintiff uses this limitations route:

☐ Direct court action. The alleged discriminatory act occurred on
[__/__/____], and this employment action is brought within 300 days under
§ 14-02.4-19(2), subject to the other limits in that section.

☐ Department-first route. Plaintiff first filed Department complaint
No. [________] on [__/__/____]. The Department ☐ dismissed the complaint
☐ issued a written probable-cause determination on [__/__/____]. This action
is brought within the applicable 90-day period under § 14-02.4-19(3),
subject to subsections 4 and 5.

☐ Internal-process route. The process identified in § 14-02.4-19(5) was
completed on [__/__/____]. Counsel has applied the subsection's statutory-
appeal, special-proceeding, Department, hearing-request, and limitations
branches as follows: [________________________________________________].

7. Plaintiff elected this court action. Any pending Department action based on
   the same discriminatory acts must be dismissed as § 14-02.4-19(4) requires.
   Status and evidence: [________________________________________________].

5. Factual allegations

8. Plaintiff began work for Defendant on or about [__/__/____] as
   [POSITION], performing these essential functions:
   [____________________________________________________________].

9. The protected basis selected for Count One is:

☐ Race ☐ Color ☐ Religion ☐ Sex ☐ National origin ☐ Age of at least 40

☐ Physical disability ☐ Mental disability ☐ Marital status

☐ Status with respect to public assistance

☐ Qualifying lawful off-premises, nonworking-hours activity not in direct
conflict with Defendant's essential business-related interests

10. The alleged employment action was:

☐ Failure or refusal to hire ☐ Discharge ☐ Adverse or unequal treatment

Employment stage, term, privilege, or condition affected:
[____________________________________________________________].

11. The act occurred on [__/__/____] at [LOCATION] and was taken by
    [DECISIONMAKER]. The words, conduct, records, comparators, sequence, and
    other facts supporting causation are:
    [____________________________________________________________].

12. Defendant's stated reason was:
    [____________________________________________________________].

13. Facts supporting Plaintiff's contention that the stated reason did not
    explain the action are:
    [____________________________________________________________].

14. Plaintiff's wage, benefit, employment, and mitigation history is:
    [____________________________________________________________].

6. Count One — employer discriminatory practice

15. Plaintiff incorporates paragraphs 1 through 14.

16. Defendant was Plaintiff's employer within § 14-02.4-02(8), and Plaintiff
    was covered in the employment relationship described above.

17. Because of the protected basis selected in paragraph 9, Defendant
    [FAILED OR REFUSED TO HIRE / DISCHARGED / ACCORDED ADVERSE OR UNEQUAL
    TREATMENT TO] Plaintiff with respect to [APPLICATION, HIRING, TRAINING,
    APPRENTICESHIP, TENURE, PROMOTION, UPGRADING, COMPENSATION, LAYOFF, OR
    IDENTIFIED TERM, PRIVILEGE, OR CONDITION OF EMPLOYMENT].

18. The facts establishing that connection are:
    [____________________________________________________________].

7. Count Two — sexual harassment, if supported

Delete this count unless the facts satisfy § 14-02.4-02(6)'s definition and
counsel has analyzed responsibility under the correct statutory branch.

19. Plaintiff incorporates paragraphs 1 through 18.

20. Plaintiff experienced the following unwelcome sexual advance, request for
    sexual favors, sexually motivated physical conduct, or other verbal,
    physical, or communicative conduct of a sexual nature:
    [____________________________________________________________].

21. Select and state the statutory connection:

☐ Submission was made an express or implicit employment term or condition.

☐ Submission or rejection was used as a factor in an employment decision.

☐ The conduct had the purpose or effect of substantially interfering with
Plaintiff's employment environment; Defendant's own or supervisory conduct,
knowledge, and response were:
[____________________________________________________________].

8. Count Three — failure to accommodate, if supported

Delete this count unless Plaintiff was otherwise qualified and the requested
accommodation fits § 14-02.4-03(2).

22. Plaintiff incorporates paragraphs 1 through 21.

23. Plaintiff was capable of performing the position's essential functions as
    follows: [____________________________________________________________].

24. Plaintiff requested this accommodation for ☐ physical disability
    ☐ mental disability ☐ pregnancy, childbirth, or related condition
    ☐ religion: [________________________________________________________].

25. The requested accommodation, notice, communications, available
    alternatives, cost, operational effect, business necessity, hardship, and
    health-or-safety evidence are:
    [____________________________________________________________].

26. Defendant failed or refused the accommodation on [__/__/____] as follows:
    [____________________________________________________________].

9. Count Four — retaliation, if supported

Delete this count unless the conduct and protected activity fit § 14-02.4-18.

27. Plaintiff incorporates paragraphs 1 through 26.

28. On [__/__/____], Plaintiff ☐ opposed an unlawful discriminatory practice
    ☐ in good faith filed a complaint ☐ testified ☐ assisted ☐ participated in
    an investigation, proceeding, hearing, or litigation under chapter 14-02.4.

29. Defendant knew of that activity through:
    [____________________________________________________________].

30. Defendant thereafter threatened, retaliated, or discriminated against
    Plaintiff as follows: [________________________________________________].

31. Facts supporting the connection between the protected activity and the
    challenged conduct are: [______________________________________________].

10. Requested relief

Plaintiff requests only relief supported by the selected count, proof, and
current authority:

• a determination of liability;
• an injunction against the proven unlawful practice;
• appropriate temporary or permanent injunctive or equitable relief;

• backpay for no more than two years from the date a minimally sufficient
  complaint was filed, reduced by interim earnings or amounts earnable with
  reasonable diligence;

• reasonable attorney's fees as part of costs if awarded to the prevailing
  party under § 14-02.4-20; and

• other relief identified and supported by separate authority:
  [____________________________________________________________].

This chapter expressly lists the relief above. Do not add compensatory,
emotional-distress, punitive, liquidated, multiplier, prejudgment-interest, or
other damages merely because another civil-rights law may authorize them.
Counsel must identify a separate viable count and remedy source.

Plaintiff acknowledges the § 14-02.4-20 rule requiring a complainant to pay the
respondent's court costs and reasonable attorney's fees if the court finds the
discrimination allegation false and not made in good faith.

11. Jury selection

☐ No jury demand is included.

☐ Counsel has determined that the selected issues carry a jury right and has
approved the following demand under current authority:
[____________________________________________________________].

12. Signature

Dated: [__/__/____]

Respectfully submitted,

13. Filing and service control sheet

This section is not part of the complaint unless counsel directs otherwise.

Do not place a complaint-stage certificate of service in the pleading unless
current authority and the actual filing sequence support it. Later-paper
service does not establish service of initiating process.

Sources and References

• North Dakota Century Code, Chapter 14-02.4 — Human Rights
• North Dakota Century Code, Chapter 27-05 — District Courts