North Dakota Human Rights Coalition
Working to effect change so that all people in North Dakota enjoy full human rights
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North Dakota Human Rights Coalition Working to effect change so that all people in North Dakota enjoy full human rights |
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Outline of SB No. 2306 Establishing a North Dakota Commission on Human Rights
The North Dakota Human Rights Act and North Dakota Housing Discrimination Act are repealed and re-enacted with the addition of a North Dakota Commission on Human Rights to the Division of Human Rights in the North Dakota Department of Labor.
Section 1.:
· Definitions
o Commission: North Dakota Commission on Human Rights
o Division: North Dakota Division of Human Rights
o Director: Director of the North Dakota Division of Human Rights
· Division of Human Rights is created within the North Dakota Department of Labor
o The Labor Commissioner appoints the Director of the Division of Human Rights, giving good faith consideration to the recommendations of the commission before making the appointment
· North Dakota Commission on Human Rights is created within the Division of Human Rights
o 7 members
o appointed by the governor with the consent of the senate for 4-year terms
o 1 member will represent the business community
o 1 member will represent state or local government entities
o 4 members will be members of the protected classes under the North Dakota Human Rights Act · race · color · religion · sex · national origin · age · physical or mental disability · status with respect to marriage · status with respect to public assistance
o geographic diversity will be maintained as far as is practicable
o no more than four members from the same political party
o members will be volunteers, with per diem of $62.50 per day, mileage and expenses
· powers and duties of North Dakota Commission on Human Rights
o adopt rules for the enforcement of state statutes on discrimination
o receive, investigate and pass upon charges alleging discrimination
o investigate and study the existence, character, causes, and extent of unfair or discriminatory practices and formulate plans for the elimination of discriminatory practices by educational or other means
o hold hearings on any complaint issued against a respondent
§ the hearings may be held by the commission itself, by any commissioner, or by an administrative law judge
o issue publications and reports of investigations and research as in the commission’s judgment will tend to promote goodwill among the various racial, religious, age or ethnic groups of the state and which will tend to minimize or eliminate discriminatory or unfair practices
o prepare and transmit a report annually accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the commission
o recommend policies to the governor and to submit recommendations to persons, agencies, organizations, and other entities in the private sector to effectuate those policies
o make recommendations to the legislative assembly for legislative action concerning discrimination as it may determine necessary and desirable
o cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations whose purposes are consistent with the discrimination law of the state in the planning and conducting of education programs designed to eliminate racial, religious, cultural, age and intergroup tensions
o intervene in racial, religious, cultural, age and intergroup tensions or conflicts for the purpose of informal mediation using alternative dispute resolution techniques; the intervention may be made in cooperation with other agencies or organizations whose purposes are consistent with the discrimination law of the state
· limitations on the acts of the commission
o a person may not be required to alter, modify, or purchase any building, structure, or equipment or incur any additional expense that would not be incurred to comply with the discrimination law of the state
o the commission, the division, and the director shall presume that the conduct of any respondent is not unfair or discriminatory until proven otherwise
o the commission may not prescribe or require the implementation of a quota system
· charge, complaint, hearing, procedure, exhaustion of administrative remedies
o a written charge of discrimination or unfair practice under state discrimination law is filed with the commission
o the director of the division, with the assistance of staff, makes an investigation of the charge
o the director of the division determines whether probable cause exists for crediting the allegations of the charge
· if the director determines that probable cause does not exist, the director dismisses the charge
o the complainant can file an appeal of the dismissal to the commission, or
o the complaint can file a civil action in district court in the state
o if the complaint does neither, the action is barred and no district court will have jurisdiction to hear the action
· if the director determines that probable cause exists, the parties are ordered into compulsory mediation, and the director shall attempt to eliminate the discriminatory or unfair practice by conference, conciliation, and persuasion
o the filing of the charge, the information gathered during the investigation, and the efforts to eliminate the discriminatory or unfair practice are not disclosed until after final action on a charge
o when the director is satisfied that efforts to eliminate the discriminatory or unfair practice are futile, the director shall report that finding to the commission
· if the commission determines that the circumstances warrant, the commission shall issue a complaint requiring the respondent to answer the charges at a formal hearing before the commission, a commissioner, or an administrative law judge
o if at the formal hearing there is an order finding that a discriminatory or unfair practice occurred, the commission can take any action permitted under the discrimination law of the state
o if at the formal hearing there is an order finding that a discriminatory or unfair practice has not occurred, the commission shall dismiss the complaint
o an individual may not file a civil action in district court based on the discrimination law of the state without first exhausting the proceedings and remedies available under this chapter, unless the individual shows by clear and convincing evidence that the individual is in ill health and that the administrative remedies would not provide timely and reasonable relief and would cause irreparable harm
· judicial review and enforcement
· any complainant or respondent claiming to be aggrieved by a final order of the commission may obtain judicial review of the order, and the commission may obtain an order of court for enforcement in a proceeding as provided in this section
Section 2.:
· Re-enactment of prohibition of discrimination in employment
Section 3:
· Re-enactment of prohibition of discrimination in housing (re-enacts provisions of Housing Discrimination Act)
Section 4:
· Re-enactment of prohibition of discrimination in public accommodation, public service, in governmental contracts and programs, credit transactions, and reprisals (re-enacts provisions of North Dakota Human Rights Act)
Section 5:
· Publishing of discriminatory matter forbidden (re-enacts provision of North Dakota Human Rights Act)
Section 6:
· Repeal of North Dakota Human Rights Act and North Dakota Housing Discrimination Act (provisions are re-enacted in Sections 3 through 5, above)
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North Dakota Human Rights Coalition P.O. Box 1961 Fargo, North Dakota 58107-1961 Phone: (701) 239-9323 Fax: (701) 478-4452 Email: humanrights@ndhrc.org
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