Qualification based on religion, sex, national origin, physical or mental disability, or marital status
N.D. Cent. Code § 14-02.4-08
in effect14-02.4-08. Qualification based on religion, sex, national origin, physical or mental
disability, or marital status.
Notwithstanding sections 14-02.4-03 through 14-02.4-06, it is not a discriminatory practice
for an employer to fail or refuse to hire and employ an individual for a position, to discharge an
individual from a position, or for an employment agency to fail or refuse to refer an individual for
employment in a position, or for a labor organization to fail or refuse to refer an individual for
employment, on the basis of religion, sex, national origin, physical or mental disability, or marital
status in those circumstances where religion, sex, national origin, physical or mental disability,
or marital status is a bona fide occupational qualification reasonably necessary to the normal
operation of that particular business or enterprise; nor is it a discriminatory practice for an
employer to fail or refuse to hire and employ an individual for a position, or to discharge an
individual from a position on the basis of that individual's participation in a lawful activity that is
off the employer's premises and that takes place during nonworking hours and which is not in
direct conflict with the essential business-related interests of the employer, if that participation is
contrary to a bona fide occupational qualification that reasonably and rationally relates to
employment activities and the responsibilities of a particular employee or group of employees,
rather than to all employees of that employer.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t14c02-4.pdf#nameddest=14-02p4-08Fetched: 10/16/2026