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North Dakota · Through 2026-07-31T11:12:02 · Newer source version available

N.D. Cent. Code § 50-25.1-09.1: Employer retaliation prohibited - Penalty

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Where this section sits in the code
  1. Title 50 Public Welfare
  2. Chapter 50-25.1 Child Abuse And Neglect

1.An employer that 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 an individual required or permitted to report pursuant to section 50-25.1-03 which retaliates against the individual because of a report of abuse or neglect, or a report of a death resulting from child abuse or neglect, is liable to that individual 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 individual 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 individuals affiliated with it.

Collected 2026-09-02T21:04:14Z. Source file · JSON

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