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North Dakota Human Rights Law Includes Definition of Pregnancy in its Accommodation Law

North Dakota updated (2023 ND HB 1450) its’ Human Rights Law (NDHRL) to include a formal definition of “pregnancy” in its accommodation provisions. While pregnancy accommodation has been required under the law, it did not previously define it. Effective August 1, 2023, the law defines pregnancy as including pregnancy, childbirth and related medical conditions.

The 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.

Next Steps for Employers

Now that pregnancy has been clearly defined, employers should review and update their pregnancy accommodations policies and procedures to include, not only pregnancy, but childbirth and related medical conditions. Supervisors/Managers as well as those responsible for addressing accommodation requests should be aware of the expanded definition to ensure that their actions do not violate the NDHRL.

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.