North Dakota NDHRL Defines Pregnancy in its Accommodation Provisions

North Dakota’s Human Rights Law (NDHRL) prohibits all employers from failing or refusing to make reasonable accommodations—for an otherwise qualified individual with a physical or mental disability—because they are pregnant. Previously, the NDHRL didn’t define pregnancy in its accommodation provisions. However, effective August 1, 2023, the law defines pregnancy as including pregnancy, childbirth, and related medical conditions.

 

Action Items

• Add pregnancy to your equal employment reasonable accommodations policies if it’s not clear that it covers childbirth and related conditions.
• Ensure that managers understand the employer’s duty to accommodate.