Skip to main content

North Dakota Century Code Title 50. Public Welfare § 50-25.1-09.1. Employer retaliation prohibited

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

1. An employer who retaliates against an employee solely because the employee in good faith reported having reasonable cause to suspect that a child was abused or neglected, or died as a result of abuse or neglect, or because the employee is a child with respect to whom a report was made, is guilty of a class B misdemeanor.  It is a defense to any charge brought under this section that the presumption of good faith, described in section 50-25.1-09, has been rebutted.

2. The employer of a person required or permitted to report pursuant to section 50-25.1-03 who retaliates against the person because of a report of abuse or neglect, or a report of a death resulting from child abuse or neglect, is liable to that person in a civil action for all damages, including exemplary damages, costs of the litigation, and reasonable attorney's fees.

3. There is a rebuttable presumption that any adverse action within ninety days of a report is retaliatory.  For purposes of this subsection, an “adverse action” is action taken by an employer against the person making the report or the child with respect to whom a report was made, including:

a. Discharge, suspension, termination, or transfer from any facility, institution, school, agency, or other place of employment;

b. Discharge from or termination of employment;

c. Demotion or reduction in remuneration for services;  or

d. Restriction or prohibition of access to any facility, institution, school, agency, or other place of employment or persons affiliated with it.

Cite this article: FindLaw.com - North Dakota Century Code Title 50. Public Welfare § 50-25.1-09.1. Employer retaliation prohibited - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-50-public-welfare/nd-cent-code-sect-50-25-1-09-1/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard