North Dakota Department of Labor and Human Rights — Charge of Discrimination

CHARGE OF DISCRIMINATION — NORTH DAKOTA DEPARTMENT OF LABOR AND HUMAN RIGHTS

To: North Dakota Department of Labor and Human Rights

600 East Boulevard Avenue, Dept. 406

Bismarck, ND 58505-0340

Telephone: (701) 328-2660 / Toll-Free 1-800-582-8032

Fax: (701) 328-2031 / TTY 1-800-366-6889

Web: https://www.nd.gov/labor

Dual-Filed With: U.S. Equal Employment Opportunity Commission (EEOC) — Minneapolis Area Office, 330 South Second Avenue, Suite 720, Minneapolis, MN 55401, pursuant to ND DLHR / EEOC Work-Sharing Agreement.

TABLE OF CONTENTS

1. Charging Party Information
2. Respondent Information
3. Bases of Discrimination
4. Issues / Adverse Actions
5. Date(s) of Discrimination
6. Statement of Particulars (Narrative)
7. Witnesses and Comparators
8. Documents Submitted
9. Relief Requested
10. Election of Forum and Dual Filing
11. Verification and Signature
12. Practice Notes — North Dakota DLHR Procedure
13. Sources and References

1. CHARGING PARTY INFORMATION

2. RESPONDENT INFORMATION

3. BASES OF DISCRIMINATION

I believe I was discriminated against because of (check all that apply):

• ☐ Race — specify: [__________]
• ☐ Color — specify: [__________]
• ☐ Religion — specify: [__________]
• ☐ Sex — including (check if applicable): ☐ Pregnancy ☐ Sexual Harassment ☐ Sexual Orientation ☐ Gender Identity / Expression
• ☐ National Origin / Ancestry — specify: [__________]
• ☐ Age (40+) — date of birth: [__/__/____]
• ☐ Disability (mental or physical) — specify: [__________]
• ☐ Marital Status — specify: [__________]
• ☐ Status with regard to Public Assistance
• ☐ Lawful off-duty activity — specify: [__________]
• ☐ Retaliation for protected activity (N.D.C.C. § 14-02.4-17)
• ☐ Genetic Information (federal — GINA)
• ☐ Other (specify): [__________]

4. ISSUES / ADVERSE ACTIONS

The discriminatory act(s) included (check all that apply):

• ☐ Failure to hire
• ☐ Discharge / Termination
• ☐ Constructive discharge
• ☐ Layoff / Reduction in force
• ☐ Demotion
• ☐ Denial of promotion
• ☐ Discipline / Written warning / Suspension
• ☐ Harassment / Hostile work environment
• ☐ Sexual harassment (quid pro quo / hostile environment)
• ☐ Disparate pay / wages
• ☐ Denial of benefits
• ☐ Denial of reasonable accommodation (disability / religion / pregnancy)
• ☐ Failure to engage in interactive process (ADA)
• ☐ Denial of leave / FMLA interference
• ☐ Different terms and conditions of employment
• ☐ Retaliation for protected activity
• ☐ Denial of public accommodations (NDHRA § 14-02.4-15)
• ☐ Housing discrimination (NDHRA § 14-02.4-16; FHA)
• ☐ Other: [__________]

5. DATE(S) OF DISCRIMINATION

6. STATEMENT OF PARTICULARS (NARRATIVE)

I, [CHARGING PARTY NAME], allege the following facts in support of this Charge of Discrimination:

A. My Background and Employment

6.1. I was hired by Respondent on [__/__/____] as a [POSITION]. Throughout my employment, I performed my job satisfactorily, met or exceeded expectations, and received [PERFORMANCE EVALUATIONS / COMMENDATIONS / RAISES].

6.2. I am a member of the following protected class(es): [DESCRIBE — e.g., African American; female; over age 40; person with diabetes; Muslim; pregnant].

B. The Discriminatory Conduct

6.3. On or about [__/__/____], the following occurred: [DESCRIBE FIRST INCIDENT — who, what, where, when, how].

6.4. On or about [__/__/____], [DESCRIBE SECOND INCIDENT].

6.5. On or about [__/__/____] (the "Last Date of Harm"), Respondent [DESCRIBE FINAL ADVERSE ACTION — termination, demotion, denial of accommodation, etc.].

C. Comparators / Similarly Situated Employees Treated More Favorably

6.6. Outside my protected class, the following similarly situated employees were treated more favorably: [NAME / POSITION / TREATMENT].

D. Pretext

6.7. Respondent's stated reason for the adverse action was [STATED REASON]. That reason is pretextual because [EXPLAIN — e.g., the reason is contradicted by my performance reviews; the reason was not applied to comparators; the reason changed over time; the reason is factually false].

E. Reasonable Accommodation (if applicable)

6.8. On [__/__/____], I requested a reasonable accommodation, namely [DESCRIBE — e.g., modified schedule, leave, equipment, religious accommodation]. Respondent [DENIED THE REQUEST / FAILED TO RESPOND / FAILED TO ENGAGE IN INTERACTIVE PROCESS], and Respondent has not demonstrated undue hardship.

F. Retaliation (if applicable)

6.9. I engaged in protected activity by [OPPOSING UNLAWFUL CONDUCT / FILING INTERNAL COMPLAINT / FILING DLHR/EEOC CHARGE / REQUESTING ACCOMMODATION] on [__/__/____]. Within [NUMBER] days thereafter, Respondent [DESCRIBE RETALIATORY ACT], demonstrating temporal proximity and causal connection.

G. Harm Suffered

6.10. As a result of Respondent's conduct, I have suffered: lost wages and benefits in the amount of approximately $[AMOUNT], lost future earnings, emotional distress, humiliation, anxiety, sleep loss, and damage to my professional reputation.

H. Internal Complaint / Notice to Employer (if applicable)

6.11. I reported the discrimination internally on [__/__/____] to [NAME / TITLE — e.g., HR Director]. Respondent's response was [DESCRIBE — no investigation; perfunctory investigation; further retaliation].

I therefore charge Respondent with violating the North Dakota Human Rights Act, N.D.C.C. Ch. 14-02.4, and (where applicable) Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, and/or the Genetic Information Nondiscrimination Act.

7. WITNESSES AND COMPARATORS

8. DOCUMENTS SUBMITTED

I submit (or will produce upon request) the following:

• ☐ Offer letter / employment contract
• ☐ Job description and performance evaluations
• ☐ Disciplinary records / write-ups
• ☐ Termination letter / separation paperwork
• ☐ Internal complaint and HR response
• ☐ Accommodation request and medical documentation
• ☐ Pay records / W-2s / paystubs
• ☐ Emails, text messages, voicemails reflecting discriminatory conduct
• ☐ Witness statements / declarations
• ☐ Employer policies / handbook / EEO policy
• ☐ Other: [__________]

9. RELIEF REQUESTED

I request that ND DLHR (and the EEOC, by dual filing) investigate this Charge and award the following remedies upon a finding of probable cause:

• ☐ Cease-and-desist / injunctive relief
• ☐ Reinstatement to position with full seniority and benefits
• ☐ Front pay in lieu of reinstatement
• ☐ Back pay with prejudgment interest
• ☐ Restoration of benefits (health insurance, retirement, PTO)
• ☐ Reasonable accommodation
• ☐ Affirmative training and policy reform
• ☐ Posting of EEO notice in the workplace
• ☐ Compensatory damages (federal counts)
• ☐ Punitive damages (federal counts; not under NDHRA)
• ☐ Attorney's fees and costs (N.D.C.C. § 14-02.4-19; 42 U.S.C. § 2000e-5(k))
• ☐ Other: [__________]

10. ELECTION OF FORUM AND DUAL FILING

10.1. I understand that this Charge will be dual-filed with the EEOC pursuant to the ND DLHR / EEOC Work-Sharing Agreement and that the EEOC's authority extends to Title VII, ADA, ADEA, and GINA claims.

10.2. ☐ I request ND DLHR to investigate first (most efficient; agency is local).

10.2 (alt). ☐ I request EEOC to investigate first (federal-only claims).

10.3. I understand that under N.D.C.C. § 14-02.4-19, I may elect at any time to file a civil action in North Dakota district court within 300 days of the last date of harm (or 90 days after a final agency determination, whichever is greater). Filing such a civil action will result in dismissal of this administrative Charge.

10.4. I understand that for federal Title VII / ADA / ADEA / GINA claims, I must request and receive a Notice of Right to Sue from the EEOC before filing in federal court, and I must file within 90 days of receipt of the right-to-sue notice.

11. VERIFICATION AND SIGNATURE

I declare under penalty of perjury under the laws of the State of North Dakota and the United States that the foregoing is true and correct to the best of my knowledge, information, and belief. I have read this Charge and the facts stated herein. I authorize ND DLHR and the EEOC to investigate and to disclose information to the named Respondent for purposes of investigation, conciliation, and resolution.

Date: [__/__/____]

Charging Party Signature: [________________________________]

Print Name: [CHARGING PARTY NAME]

NOTARIZATION (recommended)

STATE OF NORTH DAKOTA

COUNTY OF [COUNTY]

Subscribed and sworn to before me this [____] day of [_______________], 20[____], by [CHARGING PARTY NAME], who is personally known to me or who produced [FORM OF ID] as identification.

[________________________________]

Notary Public, State of North Dakota

(My Commission Expires: [_______________])

12. PRACTICE NOTES — NORTH DAKOTA DLHR PROCEDURE

• Where to file. ND Department of Labor and Human Rights, 600 East Boulevard Avenue, Dept. 406, Bismarck, ND 58505-0340. The Department's online charge submission portal is the preferred method (https://www.nd.gov/labor/submit-charge-discrimination). Telephone: (701) 328-2660 / 1-800-582-8032 (toll-free); TTY 1-800-366-6889; Fax (701) 328-2031.
• Deadline — 300 days. N.D.C.C. § 14-02.4-19. Measured from the "last date of harm." Late charges are administratively dismissed and may extinguish federal Title VII / ADA / ADEA claims as well in this deferral state.
• Initial contact. ND DLHR contacts the Charging Party within 30 days after submission to confirm jurisdiction. If the Charge is accepted, an investigator is assigned.
• Investigation. ND DLHR may request the Charging Party's documents and a written response from the Respondent ("position statement"), conduct interviews, and request on-site review. Investigations average 6–12 months.
• Conciliation. Either party may request informal conciliation at any time. Settlement agreements are confidential and enforceable.
• Probable cause determination. Upon completion, ND DLHR issues a no-probable-cause dismissal or a probable-cause determination. A no-probable-cause finding triggers a 90-day window to file a civil action under § 14-02.4-19.
• Election of remedies. A Charging Party may file a civil action in district court at any time within the 300-day period — but doing so requires dismissal of the administrative complaint based on the same acts. Counsel should weigh investigative leverage versus speed.
• EEOC dual filing. The ND DLHR and EEOC have a Work-Sharing Agreement. A timely ND DLHR charge is automatically a timely EEOC charge for Title VII / ADA / ADEA / GINA. The reverse is also true. The Charging Party may request that EEOC issue an immediate Notice of Right to Sue 180 days after filing. 29 C.F.R. § 1601.28.
• SO/GI as "sex." Effective June 15, 2020, ND DLHR accepts and investigates sexual orientation and gender identity charges as "sex" discrimination under the NDHRA, applying Bostock v. Clayton County, 590 U.S. 644 (2020). Note that this is agency policy, not statutory text — preserve federal Title VII counts for binding precedent.
• Retaliation. N.D.C.C. § 14-02.4-17 independently prohibits retaliation against any person who files a charge or participates in an investigation. Document any post-charge adverse action and amend the charge promptly. The 300-day clock for retaliation runs from each new retaliatory act.
• Public accommodations and housing. The NDHRA also covers public accommodations (§ 14-02.4-15), housing (§ 14-02.4-16), credit (§ 14-02.4-13), and education (§ 14-02.4-12). Use the same Charge form and the same 300-day deadline.
• Damages cap (federal counts). Title VII and ADA combined compensatory and punitive damages are capped under 42 U.S.C. § 1981a(b)(3) by employer size. § 1981 (race) and ADEA (liquidated) have separate frameworks.
• Attorney engagement. ND DLHR investigators may communicate directly with the Charging Party. If represented, instruct the agency to direct all communications to counsel.
• Public records. ND DLHR investigative files are confidential during the pendency of the charge but may be disclosable after final agency action subject to N.D.C.C. § 44-04-18 (open records).

13. 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 Submit a Charge of Discrimination — https://www.nd.gov/labor/submit-charge-discrimination
• ND DLHR Employment Discrimination — https://www.nd.gov/labor/human-rights/employment-discrimination
• ND DLHR FAQ — https://www.nd.gov/labor/discrimination-faq
• ND DLHR Now Accepting SO/GI Charges (June 15, 2020 announcement) — https://www.nd.gov/labor
• U.S. EEOC — https://www.eeoc.gov
• EEOC Minneapolis Area Office — https://www.eeoc.gov/field-office/minneapolis/location
• EEOC / FEPA Work-Sharing Information — https://www.eeoc.gov/employees/fair-employment-practices-agencies-fepas-and-dual-filing
• 29 C.F.R. § 1601 (EEOC procedural regulations) — https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1601
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation doctrine)
• North Dakota Human Rights Protections Brochure — https://www.nd.gov/labor/sites/www/files/documents/Brochures/Human%20Rights%20Protections%20in%20ND.pdf

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 submission. Laws, citations, and agency procedures change frequently; verify the current charge form, contact information, and submission portal at https://www.nd.gov/labor before filing.