August 24, 2004

FOR IMMEDIATE RELEASE

Contact:            Cheryl Bergian

                            (701) 239-9323

 

 

Order Issued in Class Action Lawsuit Against

the North Dakota Department of Labor

 

Fargo - District Court Judge, Douglas R. Herman, Fargo, has issued an order (August 23, 2004) in the class action lawsuit for failure to enforce the North Dakota Human Rights Act initiated by the North Dakota Human Rights Coalition and others against the North Dakota Department of Labor. 

 

Judge Herman’s order certifies one class of people potentially injured by the North Dakota Department of Labor’s failure to act appropriately under the ND Human Rights Act, and states that relief for other complainants may be available through resolution of individual Plaintiffs’ complaints.  The certified class is for people who have filed complaints but who have not received probable cause determinations.

 

In the Order, Judge Herman says “. .. It is uncontested that the Department has held no administrative hearings . . . Moreover, despite scores (hundreds?) of charges being filed, the Department has only issued probable cause notices to eight (8) claimants . . . This pattern of inaction, even if from a lack of funding/staffing, is contrary to the legislative mandate and the remedial nature of the North Dakota Human Rights Act . . .”  The policy of the state, under the Human Rights Act is to prohibit, prevent and eliminate illegal discrimination.

 

“It’s clear that Judge Herman is most concerned about the Department’s pattern of inaction on complaints and the existence of very few probable cause determinations over the years.  The North Dakota Department of Labor is the enforcement agency for discrimination complaints in North Dakota,” said Cheryl Bergian, Director of the North Dakota Human Rights Coalition.  

 

According to Mark Schneider, attorney for the Plaintiffs, “Judge Herman’s order is a scholarly, measured, and balanced decision.  The Court recognized the importance of the North Dakota Human Rights Act and the Department’s role in enforcing it.  While the court specifically noted the “pattern of inaction” of the Department, the Court nonetheless gave every indication that it assumes and expects the Department to show the Court that it has the resolve and the ability to do better.  This provides an excellent opportunity to the newly appointed Department of Labor Commissioner to embrace her responsibilities under the Human Rights Act and to demonstrate to the Court and the citizens of North Dakota that her Department will breathe life into the promise of human rights.  It also represents an excellent opportunity for the Plaintiffs to work with the Commissioner to implement Judge Herman’s order for the benefit of all.  We look forward to working with the new Commissioner to that end.”