North Dakota Code 14-02.4-10 – Employment of individual – Exceptions – Physical examination – Investigation of medical history
1. Sections 14-02.4-03 through 14-02.4-06 do not apply to business policies or practices relating to the employment of an individual by the individual’s parent, grandparent, spouse, child, or grandchild, or in the domestic service of a person.
Terms Used In North Dakota Code 14-02.4-10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
2. The employment of one person in place of another, standing by itself, is not evidence of a discriminatory practice.
3. After a conditional offer of employment, it is not a discriminatory practice for an employer, employment agency, or labor organization to:
a. Require a person to undergo physical examination for the purpose of determining the person’s capability to perform the essential functions of the job with or without reasonable accommodations if every entering employee in the same job category is subjected to the examination; or
b. Conduct an investigation as to the person’s medical history for the purpose of determining the person’s capability to perform available employment if every entering employee in the same job category is subjected to the investigation.
4. Medical history obtained under this section must be collected and maintained separate from nonmedical information and must be kept confidential.