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

NORTH DAKOTA STATE CIVIL RIGHTS COMPLAINT — EMPLOYMENT DISCRIMINATION (NDHRA + Parallel Federal Counts)

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties
4. Jurisdiction and Venue
5. Administrative Exhaustion / Conditions Precedent
6. Factual Allegations
7. Count I — Discrimination Under N.D.C.C. § 14-02.4-03
8. Count II — Hostile Work Environment / Harassment (NDHRA)
9. Count III — Retaliation Under N.D.C.C. § 14-02.4-17
10. Count IV — Failure to Accommodate (Disability / Religion / Pregnancy)
11. Count V — Title VII of the Civil Rights Act of 1964
12. Count VI — Parallel Federal Claims (ADA / ADEA / § 1981)
13. Damages
14. Prayer for Relief
15. Demand for Trial by Jury
16. Reservation of Rights
17. Signature and Service Blocks
18. Verification
19. Certificate of Service
20. North Dakota Practice Notes
21. Sources and References

1. CAPTION

STATE OF NORTH DAKOTA

IN DISTRICT COURT

COUNTY OF [COUNTY NAME] — [____] JUDICIAL DISTRICT

CIVIL ACTION FILE NO. [________________________________]

VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL

(Civil Rights — Employment Discrimination)

2. NATURE OF THE ACTION

2.1. This is a civil rights action brought by Plaintiff [PLAINTIFF NAME] against Defendants for unlawful employment discrimination, harassment, and retaliation in violation of the North Dakota Human Rights Act ("NDHRA"), N.D.C.C. Ch. 14-02.4, and parallel federal civil rights statutes including Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., and/or 42 U.S.C. § 1981.

2.2. Plaintiff seeks injunctive relief, compensatory damages, back pay, front pay, punitive damages (federal counts only), prejudgment interest, attorney's fees, and costs pursuant to N.D.C.C. § 14-02.4-19 and applicable federal law.

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] is an adult individual residing in [CITY], [COUNTY] County, North Dakota. At all times relevant, Plaintiff was an "employee" within the meaning of N.D.C.C. § 14-02.4-02 and 42 U.S.C. § 2000e(f).

3.2. Defendant [EMPLOYER NAME] is a [CORPORATE FORM] organized under the laws of [STATE] with its principal place of business at [ADDRESS]. At all times relevant, Defendant employed one or more employees within North Dakota and is therefore an "employer" within the meaning of N.D.C.C. § 14-02.4-02. Defendant employs [NUMBER] employees and is also an "employer" within the meaning of 42 U.S.C. § 2000e(b), 42 U.S.C. § 12111(5), and/or 29 U.S.C. § 630(b).

3.3. [OPTIONAL — INDIVIDUAL DEFENDANT(S)]: Defendant [NAME], at all times relevant, was Plaintiff's [SUPERVISOR / MANAGER / OTHER ROLE] at Defendant Employer and acted within the scope of his/her employment and/or as Defendant Employer's agent. Defendant [NAME] is sued in his/her [INDIVIDUAL / OFFICIAL] capacity to the extent permitted under the NDHRA.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over the NDHRA claims under N.D.C.C. § 27-05-06 (district court general jurisdiction) and N.D.C.C. § 14-02.4-19 (private right of action under the NDHRA).

4.2. This Court has supplemental and concurrent jurisdiction over the federal civil rights claims pursuant to Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990), and 42 U.S.C. § 2000e-5(f)(3). State courts have concurrent jurisdiction over Title VII, ADA, ADEA, and § 1981 claims.

4.3. Personal jurisdiction is proper because Defendant transacts business and employs persons within North Dakota.

4.4. Venue is proper in [COUNTY] County under N.D.C.C. § 28-04-05 because the unlawful employment practices alleged herein occurred in this county and/or one or more Defendants reside or transact business in this county.

5. ADMINISTRATIVE EXHAUSTION / CONDITIONS PRECEDENT

5.1. NDHRA — No Mandatory Exhaustion. N.D.C.C. § 14-02.4-19 permits Plaintiff to file a civil action directly in district court within three hundred (300) days after the alleged discriminatory practice, or within ninety (90) days after a final determination by the ND Department of Labor and Human Rights, whichever is greater.

5.2. [OPTIONAL — IF DLHR CHARGE FILED]: On [DATE], Plaintiff filed a Charge of Discrimination with the North Dakota Department of Labor and Human Rights ("ND DLHR"), Charge No. [________________________________], alleging the same acts complained of herein. By filing this civil action, Plaintiff elects the judicial remedy and the administrative complaint is deemed dismissed pursuant to N.D.C.C. § 14-02.4-19.

5.3. EEOC Exhaustion (Title VII / ADA / ADEA). On [DATE], Plaintiff filed Charge No. [________________________________] with the U.S. Equal Employment Opportunity Commission ("EEOC"), which was dual-filed with the ND DLHR pursuant to the agencies' work-sharing agreement. On [DATE], the EEOC issued a Notice of Right to Sue. Plaintiff timely files this Complaint within ninety (90) days of receipt of the right-to-sue notice.

5.4. All conditions precedent to bringing this action have been satisfied or waived.

6. FACTUAL ALLEGATIONS

6.1. Plaintiff was hired by Defendant on or about [HIRE DATE] as a [POSITION] and at all times performed satisfactorily.

6.2. Plaintiff is a member of the following protected class(es): [RACE / COLOR / RELIGION / SEX / NATIONAL ORIGIN / AGE / DISABILITY / MARITAL STATUS / PUBLIC-ASSISTANCE STATUS / LAWFUL OFF-DUTY ACTIVITY].

6.3. Beginning on or about [DATE], Defendant subjected Plaintiff to the following discriminatory conduct:

• [DESCRIBE ADVERSE ACTION 1 — e.g., termination, demotion, denial of promotion, denial of accommodation, disparate pay];
• [DESCRIBE ADVERSE ACTION 2 — e.g., harassing comments, hostile work environment];
• [DESCRIBE ADVERSE ACTION 3].

6.4. The conduct was severe or pervasive, was based on Plaintiff's protected status, and altered the terms and conditions of Plaintiff's employment.

6.5. [OPTIONAL — COMPARATORS]: Similarly situated employees outside Plaintiff's protected class were treated more favorably. Specifically: [COMPARATOR FACTS].

6.6. [OPTIONAL — RETALIATION FACTS]: On [DATE], Plaintiff engaged in protected activity by [OPPOSING UNLAWFUL CONDUCT / FILING INTERNAL COMPLAINT / FILING DLHR OR EEOC CHARGE]. Within [NUMBER] days thereafter, Defendant subjected Plaintiff to [ADVERSE EMPLOYMENT ACTION], evidencing causal connection.

6.7. [OPTIONAL — ACCOMMODATION FACTS]: On [DATE], Plaintiff requested a reasonable accommodation for [DISABILITY / RELIGIOUS PRACTICE / PREGNANCY], namely [DESCRIBE ACCOMMODATION]. Defendant denied the request without engaging in the interactive process and without demonstrating undue hardship.

6.8. Defendant's stated reasons for the adverse actions are pretext for unlawful discrimination, harassment, and/or retaliation.

6.9. As a direct and proximate result, Plaintiff has suffered lost wages, lost benefits, lost future earnings, emotional distress, humiliation, mental anguish, and loss of enjoyment of life.

7. COUNT I — DISCRIMINATION UNDER N.D.C.C. § 14-02.4-03

7.1. Plaintiff incorporates Paragraphs 1 through 6.9 as if fully set forth.

7.2. N.D.C.C. § 14-02.4-03 makes it a discriminatory practice for an employer to fail or refuse to hire, discharge, or accord adverse or unequal treatment to any individual because of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, status with respect to marriage or public assistance, or participation in lawful activity off the employer's premises during nonworking hours.

7.3. Defendant violated § 14-02.4-03 by subjecting Plaintiff to adverse employment action because of Plaintiff's protected status as alleged above.

7.4. Defendant's conduct was intentional, willful, and in reckless disregard of Plaintiff's statutory rights.

7.5. Plaintiff is entitled to compensatory damages, back pay, front pay, injunctive relief, prejudgment interest, attorney's fees, and costs pursuant to N.D.C.C. § 14-02.4-19.

8. COUNT II — HOSTILE WORK ENVIRONMENT / HARASSMENT (NDHRA)

8.1. Plaintiff incorporates Paragraphs 1 through 7.5.

8.2. Plaintiff was subjected to unwelcome harassment based on a protected characteristic. The harassment was severe or pervasive and altered the terms and conditions of Plaintiff's employment, creating a working environment that a reasonable person would find hostile or abusive and that Plaintiff did find hostile or abusive.

8.3. Defendant knew or should have known of the harassment, and Defendant failed to take prompt and effective remedial action. To the extent the harasser was a supervisor with tangible employment authority over Plaintiff, Defendant is strictly liable.

8.4. Plaintiff is entitled to all relief available under N.D.C.C. § 14-02.4-19.

9. COUNT III — RETALIATION UNDER N.D.C.C. § 14-02.4-17

9.1. Plaintiff incorporates Paragraphs 1 through 8.4.

9.2. N.D.C.C. § 14-02.4-17 prohibits any person from discriminating, retaliating, or taking adverse action against any individual because that individual has opposed any practice made unlawful under the NDHRA, filed a charge, or participated in any investigation, proceeding, or hearing.

9.3. Plaintiff engaged in protected activity by [DESCRIBE]. Defendant thereafter took materially adverse action against Plaintiff that would dissuade a reasonable worker from making or supporting a charge of discrimination. The protected activity was a but-for cause of the adverse action.

9.4. Plaintiff is entitled to all relief available under N.D.C.C. § 14-02.4-19.

10. COUNT IV — FAILURE TO ACCOMMODATE (DISABILITY / RELIGION / PREGNANCY)

10.1. Plaintiff incorporates Paragraphs 1 through 9.4.

10.2. N.D.C.C. § 14-02.4-03 requires employers to make reasonable accommodation to the known physical or mental disability of an otherwise qualified individual, to the religious practices of an employee, and to pregnancy-related conditions, unless the accommodation would impose an undue hardship.

10.3. Plaintiff requested a reasonable accommodation as set forth in Paragraph 6.7. Defendant failed to engage in the interactive process and denied the accommodation without demonstrating undue hardship.

10.4. Plaintiff is entitled to all relief available under N.D.C.C. § 14-02.4-19.

11. COUNT V — TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

11.1. Plaintiff incorporates Paragraphs 1 through 10.4.

11.2. Title VII, 42 U.S.C. § 2000e-2(a), prohibits employment discrimination because of race, color, religion, sex (including sexual orientation, gender identity, and pregnancy under Bostock v. Clayton County, 590 U.S. 644 (2020)), or national origin, and § 2000e-3(a) prohibits retaliation.

11.3. Defendant violated Title VII by the conduct alleged above.

11.4. Plaintiff has fully exhausted Title VII administrative prerequisites as set forth in Paragraph 5.3 and is entitled to back pay, front pay, compensatory damages, punitive damages (subject to 42 U.S.C. § 1981a caps), injunctive relief, attorney's fees, and costs.

12. COUNT VI — PARALLEL FEDERAL CLAIMS (ADA / ADEA / § 1981)

12.1. Plaintiff incorporates Paragraphs 1 through 11.4.

12.2. [IF APPLICABLE — ADA]: Defendant violated 42 U.S.C. § 12112 by discriminating against Plaintiff on the basis of disability and failing to provide reasonable accommodation.

12.3. [IF APPLICABLE — ADEA]: Defendant violated 29 U.S.C. § 623 by discriminating against Plaintiff (age 40 or over) on the basis of age.

12.4. [IF APPLICABLE — § 1981]: Defendant violated 42 U.S.C. § 1981 by intentionally interfering with Plaintiff's right to make and enforce contracts on the basis of race.

12.5. Plaintiff is entitled to all remedies available under each statute, including punitive damages, liquidated damages (ADEA), attorney's fees, and costs.

13. DAMAGES

13.1. Economic Damages. Lost wages and benefits to date of approximately $[AMOUNT], future lost wages and benefits, lost retirement contributions, and lost earning capacity.

13.2. Non-Economic Damages. Emotional distress, humiliation, mental anguish, anxiety, loss of professional reputation, and loss of enjoyment of life.

13.3. Punitive Damages (Federal Counts Only). Title VII (subject to 42 U.S.C. § 1981a caps), § 1981 (uncapped), and ADA (subject to caps) authorize punitive damages for malice or reckless indifference. The NDHRA does not authorize punitive damages.

13.4. Liquidated Damages (ADEA). Doubling of back-pay and lost-benefits for willful violations under 29 U.S.C. § 626(b).

13.5. Attorney's Fees and Costs. N.D.C.C. § 14-02.4-19; 42 U.S.C. § 2000e-5(k); 42 U.S.C. § 1988; 42 U.S.C. § 12205; 29 U.S.C. § 626(b).

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment against Defendant(s), jointly and severally, and award:

• A. A declaratory judgment that Defendants' conduct violated the NDHRA and federal civil rights statutes;
• B. Permanent injunctive relief enjoining Defendants from further discrimination, harassment, and retaliation, and ordering reinstatement and/or other equitable relief;
• C. Back pay, front pay, lost benefits, and prejudgment interest;
• D. Compensatory damages for emotional distress and other non-economic harm in an amount to be determined by the jury;
• E. Punitive damages under federal counts in an amount sufficient to punish Defendants and deter similar conduct;
• F. Liquidated damages where applicable (ADEA);
• G. Reasonable attorney's fees and costs pursuant to N.D.C.C. § 14-02.4-19, 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988, 42 U.S.C. § 12205, and 29 U.S.C. § 626(b);
• H. Post-judgment interest at the legal rate; and
• I. Such other and further relief as the Court deems just and proper.

15. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to N.D.R.Civ.P. 38(b) and the Seventh Amendment to the United States Constitution.

16. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims, theories, parties, or facts as discovery and continuing investigation may reveal, consistent with N.D.R.Civ.P. 15.

17. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], ND State Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

18. VERIFICATION

STATE OF NORTH DAKOTA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Verified Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, State of North Dakota

(My Commission Expires: [_______________])

19. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [_______________], 20[____], I served the foregoing VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL upon the following by [METHOD: Sheriff service / certified mail, return receipt / electronic service via Odyssey eFile pursuant to N.D.R.Ct. 3.5]:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]

[ATTORNEY NAME]

20. NORTH DAKOTA PRACTICE NOTES

• Pleading standard. North Dakota follows notice pleading under N.D.R.Civ.P. 8(a). The complaint must contain a "short and plain statement of the claim" with sufficient facts to give fair notice and to survive an N.D.R.Civ.P. 12(b)(6) motion. Plead each protected class and each adverse action with specificity.
• Employer threshold. The NDHRA reaches employers with one or more employees in North Dakota for more than one-quarter of the year, or with one or more North Dakota employees regardless of location. N.D.C.C. § 14-02.4-02. This is broader than federal Title VII (15 employees), the ADA (15), and the ADEA (20). Plead state and federal counts together to cover both small and large employers.
• Protected classes. Race, color, religion, sex, national origin, age (40+), mental or physical disability, marital status, status with regard to public assistance, and lawful off-duty activity. N.D.C.C. § 14-02.4-03.
• Sexual orientation / gender identity. Not enumerated in the statutory text. ND DLHR has, since June 15, 2020, accepted and investigated SO/GI charges as "sex" discrimination under the NDHRA, applying the Bostock interpretation. This is an agency policy. Preserve parallel Title VII counts to lock in the federal Bostock holding.
• Election of remedies. Filing a civil action under § 14-02.4-19 requires the ND DLHR to dismiss any pending administrative complaint based on the same discriminatory acts. A claimant cannot pursue both administrative adjudication and a civil suit on the same facts.
• Statute of limitations. 300 days from the discriminatory act for both NDHRA and Title VII (deferral state). § 14-02.4-19; 42 U.S.C. § 2000e-5(e)(1). After agency final action, NDHRA gives 90 days; Title VII gives 90 days from the EEOC right-to-sue.
• Damages — NDHRA. Compensatory damages, including back pay and front pay, plus injunctive relief and attorney's fees. The NDHRA does NOT authorize punitive damages. Plead Title VII / § 1981 / ADA in parallel for punitive exposure.
• Title VII caps. Compensatory and punitive damages combined are capped under 42 U.S.C. § 1981a(b)(3) at $50,000 (15-100 employees), $100,000 (101-200), $200,000 (201-500), or $300,000 (501+). § 1981 has no cap.
• Removal risk. A defendant employer may remove the case to U.S. District Court for the District of North Dakota under 28 U.S.C. § 1441 if federal counts are pleaded. To avoid removal, plead NDHRA-only and rely on agency right-to-sue procedures for federal counts later.
• Service. Service of process under N.D.R.Civ.P. 4. Personal or registered/certified mail with admission of service. Out-of-state defendants may be served under the long-arm provisions of Rule 4(b)(2).
• Venue. N.D.C.C. § 28-04-05 — county where cause of action arose; § 28-04-01 — county where defendant resides.
• Jury demand. N.D.R.Civ.P. 38(b). Place demand on the face of the Complaint to avoid waiver under Rule 38(d).
• eFiling. The North Dakota Odyssey eFile system is mandatory for attorneys in district court. See N.D.R.Ct. 3.5.
• Tolling — federal claims. The federal 90-day right-to-sue clock is jurisdictional in some circuits; calendar service of the right-to-sue and file within 90 days.

21. SOURCES AND REFERENCES

• N.D.C.C. Ch. 14-02.4 (Human Rights) — https://ndlegis.gov/cencode/t14c02-4.pdf
• North Dakota Department of Labor and Human Rights — https://www.nd.gov/labor
• ND DLHR Employment Discrimination — https://www.nd.gov/labor/human-rights/employment-discrimination
• ND DLHR — Now Accepting SO/GI Charges (June 15, 2020) — https://www.nd.gov/labor (Press Release)
• North Dakota Rules of Civil Procedure — https://www.ndcourts.gov/legal-resources/rules/ndrcivp
• Odyssey eFile ND — https://www.ndcourts.gov/efiling
• 42 U.S.C. § 2000e et seq. (Title VII) — https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• 42 U.S.C. § 12101 et seq. (ADA) — https://www.eeoc.gov/statutes/americans-disabilities-act-1990-original-text
• 29 U.S.C. § 621 et seq. (ADEA) — https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
• 42 U.S.C. § 1981 — https://www.law.cornell.edu/uscode/text/42/1981
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820 (1990) (state-court concurrent jurisdiction over Title VII)
• McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework)
• Faragher v. City of Boca Raton, 524 U.S. 775 (1998); Burlington Indus. v. Ellerth, 524 U.S. 742 (1998) (employer liability for supervisor harassment)
• Burlington N. & Santa Fe Ry. v. White, 548 U.S. 53 (2006) (retaliation standard)
• Schweigert v. Provident Life Ins. Co., 503 N.W.2d 225 (N.D. 1993) (NDHRA construction)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in North Dakota must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities at the time of filing.