🇺🇸 North Dakota EMPLOYMENT LAW — 2026 UPDATE

North Dakota Return to Office Mandate 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 2026
Applicable Period: 2026 and current employment regulations
Key Characteristic: No state-specific return to office mandate and at-will employment framework in North Dakota

RTO Mandate North Dakota 2026

Table of Contents

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Introduction

North Dakota’s return to office mandate situation primarily involves private sector employer policies operating under the state’s at-will employment framework. As of January 2026, North Dakota has not enacted specific executive orders or legislation governing return to office requirements for either state employees or private sector employers.

This guide compiles official information published by the North Dakota Department of Labor and Human Rights, federal agencies, and other government sources regarding employment rights, accommodation processes, and anti-discrimination protections applicable to return to office situations in North Dakota.

Sources: North Dakota Department of Labor and Human Rights, U.S. Equal Employment Opportunity Commission Minneapolis Area Office, North Dakota Century Code, North Dakota Human Rights Act

1.1 At-Will Employment Doctrine

According to North Dakota Century Code § 34-03-01:

“An employment having no specified term may be terminated at the will of either party on notice to the other, except when otherwise provided by this title.”

Source: North Dakota Century Code Chapter 34-03 – Termination of Employment Official text available at: https://ndlegis.gov/cencode/t34c03.pdf Last amended: Various dates (see full statute)

The North Dakota Department of Labor and Human Rights has published general information indicating that in North Dakota, any employment relationship without a specified term exists at the will of both parties (employer and employee) and can be terminated by either party at any time, with or without cause, subject to exceptions including anti-discrimination laws, disability accommodation requirements, contractual obligations, and collective bargaining agreements.

Source: North Dakota Department of Labor and Human Rights Published by: North Dakota Department of Labor and Human Rights Available at: https://www.nd.gov/labor/

Important exceptions to at-will employment in North Dakota:

North Dakota courts have recognized implied contract exceptions when employers make expressed written assurances that employees would only be discharged for cause, such as written representations found in employee handbooks or policy manuals.

North Dakota courts have recognized public policy exceptions, making it illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.

1.2 State-Specific RTO Legislation/Orders

Legislative Research Results

As of January 6, 2026, searches of the North Dakota Legislature website and Governor’s Office reveal:

No specific statutes or executive orders enacted governing return to office mandates for either state employees or private sector employers.

Search conducted:

  • Website: North Dakota Legislative Branch (https://www.ndlegis.gov/)
  • Website: North Dakota Office of the Governor (https://www.governor.nd.gov/)
  • Date: January 6, 2026
  • Search terms: “return to office”, “remote work mandate”, “telework requirements”, “executive orders 2024-2025”

Result: No relevant legislation or executive orders identified relating to return to office mandates

Recent Executive Orders (2024-2025):

According to the North Dakota Office of the Governor website, recent executive orders have addressed:

  • Emergency declarations (propane shortages, fires, flooding)
  • Administrative reorganization
  • Special legislative sessions
  • Emergency transport waivers

None of these orders establish return to office requirements for state employees or private sector employers.

Source: North Dakota Office of the Governor – Executive Orders Available at: https://www.governor.nd.gov/executive-orders Verified: January 6, 2026

General Employment Framework Applies:

In the absence of specific return to office legislation, private sector employers in North Dakota operate under:

  • At-will employment (North Dakota Century Code § 34-03-01)
  • Anti-discrimination laws (North Dakota Human Rights Act, N.D.C.C. Chapter 14-02.4)
  • Disability accommodation requirements (North Dakota Human Rights Act and federal ADA)
  • Contract obligations (if employment contracts exist)
  • Collective bargaining agreements (if applicable)
  • Anti-retaliation protections (N.D.C.C. § 14-02.4-18)

Competent Government Agencies

2.1 North Dakota Department of Labor and Human Rights

The North Dakota Department of Labor and Human Rights is responsible for enforcing North Dakota labor and human rights laws and for educating the public about these laws.

Contact Information:

Official website: https://www.nd.gov/labor/

Mailing Address: 600 E. Boulevard Avenue, Dept. 406 Bismarck, ND 58505-0340

Physical Address: State Capitol, 13th Floor Bismarck, North Dakota

Telephone: 701-328-2660 Toll-Free (in-state): 800-582-8032 TTY (Relay ND): 800-366-6888 or 800-366-6889 Fax: 701-328-2031

Email: labor@nd.gov

Function: Enforces North Dakota labor and human rights laws, investigates discrimination complaints, educates the public, licenses employment agencies, verifies independent contractor status

Publications on RTO: No specific return to office guidance identified as of January 2026. The department provides general information on employment discrimination, reasonable accommodations, and employee rights under North Dakota law.

Relevant Resources:

  • ND Minimum Wage & Work Conditions Summary Poster
  • Human Rights protections information
  • Wage and hour information
  • Employment discrimination complaint procedures

2.2 North Dakota Department of Labor and Human Rights – Human Rights Division

The Human Rights Division is responsible for processing charges of employment discrimination and enforcing the North Dakota Human Rights Act.

Contact Information:

Mailing Address: 600 East Boulevard Avenue, Dept. 406 Bismarck, ND 58505-0340

Physical Address: State Capitol, 13th Floor Bismarck, North Dakota

Phone: 701-328-2660 Toll-Free (in-state): 800-582-8032 TTY (Relay ND): 800-366-6888 or 800-366-6889 Fax: 701-328-2031

Website: https://www.nd.gov/labor/human-rights/

Function: Receives and investigates discrimination complaints, educates the public about human rights laws, studies the nature and extent of discrimination in North Dakota

Complaint Filing: Individuals may file discrimination complaints with this division within 300 days of the alleged discriminatory act (for employment discrimination)

Note: In October 1987, the Equal Employment Opportunity Commission (EEOC) designated the North Dakota Department of Labor as a Fair Employment Practices Agency (FEPA), allowing it to process federal discrimination charges under worksharing agreements.

2.3 North Dakota Office of Management and Budget – Human Resource Management Services

For state employee matters, the Office of Management and Budget provides human resource management services.

Official website: https://www.omb.nd.gov/

Function: Oversees state employee policies, compensation, benefits, and employment practices for North Dakota state government

Note: As of January 2026, no specific state employee return to office mandates have been identified on the OMB website. State agencies may establish their own telework or remote work policies within applicable guidelines.

2.4 EEOC Minneapolis Area Office

The U.S. Equal Employment Opportunity Commission Minneapolis Area Office has jurisdiction over North Dakota for federal employment discrimination matters.

Coverage Area: Minnesota, North Dakota, and South Dakota

Address: U.S. Equal Employment Opportunity Commission Minneapolis Area Office Towle Building 330 South Second Avenue, Suite 720 Minneapolis, MN 55401-2224

Phone: 612-552-7306 Toll-Free: 1-800-669-4000 TTY: 1-800-669-6820 Fax: 612-564-4707

EEOC Public Portal: https://publicportal.eeoc.gov/

Function: Enforces federal laws prohibiting employment discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information

Filing Deadline: In North Dakota, individuals seeking to file a charge of discrimination with the EEOC must do so within 300 days of the most recent discriminatory event (due to North Dakota’s worksharing agreement with EEOC)

Note: The EEOC Public Portal provides online access for submitting initial inquiries and scheduling intake interviews with the agency. Individuals can schedule telephone, video, or in-person interviews.

Applicable Statutes - Compilation

3.1 State Anti-Discrimination Laws

North Dakota Human Rights Act (N.D.C.C. Chapter 14-02.4)

Reference: North Dakota Century Code Chapter 14-02.4 Enacted: July 1, 1983 Last amended: Various dates (see full statute) Full text: https://ndlegis.gov/cencode/t14c02-4.pdf Enforcement Agency: North Dakota Department of Labor and Human Rights – Human Rights Division

Protected Classes Under North Dakota Human Rights Act:

According to N.D.C.C. § 14-02.4-01, it is the policy of North Dakota to prohibit discrimination on the basis of:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, childbirth, and related disabilities; sexual harassment)
  • National origin
  • Age (40 years and older for employment)
  • Physical or mental disability
  • Status with regard to marriage
  • Status with regard to public assistance
  • Participation in lawful activity off the employer’s premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer

Federal Anti-Discrimination Laws Applicable in North Dakota:

Americans with Disabilities Act (ADA)

Reference: 42 U.S.C. § 12101 et seq. Protected Class: Disability Coverage: Employers with 15 or more employees Official source: https://www.ada.gov/ Enforcement: U.S. Equal Employment Opportunity Commission

Title VII of the Civil Rights Act of 1964

Reference: 42 U.S.C. § 2000e et seq. Protected Classes: Race, color, religion, sex, national origin Coverage: Employers with 15 or more employees Official source: https://www.eeoc.gov/ Enforcement: U.S. Equal Employment Opportunity Commission

Age Discrimination in Employment Act (ADEA)

Reference: 29 U.S.C. § 621 et seq. Protected Class: Age (40 years and older) Coverage: Employers with 20 or more employees Official source: https://www.eeoc.gov/ Enforcement: U.S. Equal Employment Opportunity Commission

Pregnancy Discrimination Act

Reference: Amendment to Title VII Protected Class: Pregnancy, childbirth, and related medical conditions Coverage: Employers with 15 or more employees Official source: https://www.eeoc.gov/ Enforcement: U.S. Equal Employment Opportunity Commission

Genetic Information Nondiscrimination Act (GINA)

Reference: 42 U.S.C. § 2000ff et seq. Protected Class: Genetic information Coverage: Employers with 15 or more employees Official source: https://www.eeoc.gov/ Enforcement: U.S. Equal Employment Opportunity Commission

3.2 Key Statute Sections

LAW: North Dakota Human Rights Act REFERENCE: North Dakota Century Code Chapter 14-02.4 ENACTED: July 1, 1983 FULL TEXT: https://ndlegis.gov/cencode/t14c02-4.pdf ENFORCEMENT AGENCY: North Dakota Department of Labor and Human Rights

KEY PROVISIONS:

N.D.C.C. § 14-02.4-01 – State policy against discrimination:

“It is the policy of this state to prohibit discrimination on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, status with regard to marriage or public assistance, or participation in lawful activity off the employer’s premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer; to prevent and eliminate discrimination in employment relations, public accommodations, housing, state and local government services, and credit transactions; and to deter those who aid, abet, or induce discrimination or coerce others to discriminate.”

N.D.C.C. § 14-02.4-03 – Employer’s discriminatory practices:

“It is a discriminatory practice for an employer to fail or refuse to hire an individual; to discharge an employee; or to accord adverse or unequal treatment to an individual or employee with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, or a term, privilege, or condition of employment, because of race, color, religion, sex, national origin, age, physical or mental disability, status with respect to marriage or public assistance, or participation in lawful activity off the employer’s premises during nonworking hours which is not in direct conflict with the essential business-related interests of the employer.”

N.D.C.C. § 14-02.4-03(2) – Reasonable accommodations:

“It is a discriminatory practice for an employer to fail or refuse to make reasonable accommodations for an otherwise qualified individual with a physical or mental disability, because that individual is pregnant, or because of that individual’s religion.”

N.D.C.C. § 14-02.4-18 – Retaliation prohibited:

“It is a discriminatory practice for a person to conceal unlawful discrimination or aid, abet, compel, coerce, incite, or induce another person to unlawfully discriminate in violation of this chapter, or to engage in any form of threats, retaliation, or discrimination against a person who has opposed any unlawful discriminatory practice or who, in good faith, has filed a complaint, testified, assisted, or participated in an investigation, proceeding, hearing, or litigation under this chapter.”

LAW: North Dakota Employment Termination REFERENCE: North Dakota Century Code Chapter 34-03 ENACTED: Various dates FULL TEXT: https://ndlegis.gov/cencode/t34c03.pdf ENFORCEMENT AGENCY: North Dakota Department of Labor and Human Rights

KEY PROVISIONS:

N.D.C.C. § 34-03-01 – At-will employment:

“An employment having no specified term may be terminated at the will of either party on notice to the other, except when otherwise provided by this title.”

N.D.C.C. § 34-03-05 – Termination by employer:

“Every employment may be terminated at any time by the employer in case of any willful breach of duty by the employee in the course of the employee’s employment, in case of the employee’s habitual neglect of duty, or in case of the employee’s continued incapacity to perform the employee’s duty.”

Reasonable Accommodations - Official Framework

4.1 State Law Requirements

North Dakota Human Rights Act – Accommodation Requirements

According to N.D.C.C. § 14-02.4-03(2):

“It is a discriminatory practice for an employer to fail or refuse to make reasonable accommodations for an otherwise qualified individual with a physical or mental disability, because that individual is pregnant, or because of that individual’s religion.”

Source: North Dakota Century Code § 14-02.4-03(2) Available at: https://ndlegis.gov/cencode/t14c02-4.pdf

North Dakota Definition of “Reasonable Accommodations”

According to N.D.C.C. § 14-02.4-02(17), “Reasonable accommodations” means accommodations by an employer that do not:

  1. Unduly disrupt or interfere with the employer’s normal operations
  2. Threaten the health or safety of the individual with a disability or others
  3. Contradict a business necessity of the employer
  4. Impose undue hardship on the employer, based on:
    • The size of the employer’s business
    • The type of business
    • The financial resources of the employer
    • The estimated cost and extent of the accommodation

Source: North Dakota Century Code § 14-02.4-02(17) Available at: https://ndlegis.gov/cencode/t14c02-4.pdf

North Dakota Definition of “Disability”

According to N.D.C.C. § 14-02.4-02(5), “Disability” means:

  • A physical or mental impairment that substantially limits one or more major life activities
  • A record of this impairment
  • Being regarded as having this impairment

Employer Coverage Under North Dakota Law:

According to N.D.C.C. § 14-02.4-02(8), “Employer” means a person within the state who employs one or more employees for more than one quarter of the year.

Important: North Dakota’s Human Rights Act covers employers with one or more employees, which is broader than federal ADA coverage (15 or more employees).

Source: North Dakota Department of Labor and Human Rights Available at: https://www.nd.gov/labor/

4.2 Interactive Process

North Dakota law does not specify detailed procedural steps for the interactive process. However, federal guidance under the ADA applies to employers with 15 or more employees.

According to the U.S. Equal Employment Opportunity Commission:

The interactive process generally involves:

STEP 1: Recognition of accommodation request The employer recognizes that an employee has requested an accommodation, either directly or through notification of a medical condition or limitation.

STEP 2: Gathering information The employer may request reasonable documentation about the disability and functional limitations. This may include medical documentation.

STEP 3: Exploring accommodation options The employer and employee engage in an informal dialogue to identify potential reasonable accommodations that would enable the employee to perform essential job functions.

STEP 4: Choosing an accommodation The employer selects and implements a reasonable accommodation. The employer may choose among effective accommodations and is not required to provide the employee’s preferred accommodation.

STEP 5: Monitoring effectiveness The employer monitors whether the accommodation is effective and continues the interactive process if necessary.

Source: U.S. Equal Employment Opportunity Commission – Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA Available at: https://www.eeoc.gov/

Remote Work as Reasonable Accommodation:

The EEOC has issued guidance indicating that remote work may be a reasonable accommodation in some circumstances, particularly following increased remote work during the COVID-19 pandemic. Employers must engage in the interactive process to determine if remote work is a reasonable accommodation that does not impose undue hardship.

Source: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/

4.3 Official Forms and Resources

North Dakota Department of Labor and Human Rights:

As of January 2026, the North Dakota Department of Labor and Human Rights does not provide specific accommodation request forms on its website. The department provides general guidance and investigates complaints of discrimination including failure to accommodate.

Available at: https://www.nd.gov/labor/

EEOC Resources:

The EEOC provides various resources regarding reasonable accommodation:

  • ADA Technical Assistance
  • Fact sheets on reasonable accommodation
  • Guidance on remote work as reasonable accommodation
  • Information on the interactive process

Available at: https://www.eeoc.gov/

Employees may request reasonable accommodations:

  • In writing or orally
  • To their supervisor, human resources, or other appropriate personnel
  • At any time, including after receiving a return to office directive

Documentation: Employers may request reasonable medical documentation to support an accommodation request, but may not ask for unrelated medical information.

Official Complaint Process

5.1 State Agency (North Dakota Department of Labor and Human Rights – Human Rights Division)

CRITICAL INFORMATION:

Filing Deadline: 300 days from the date of the most recent discriminatory event for employment discrimination claims

Source: North Dakota Century Code § 14-02.4-19(2) Available at: https://ndlegis.gov/cencode/t14c02-4.pdf

How to file:

  1. By mail: North Dakota Department of Labor and Human Rights Human Rights Division 600 East Boulevard Avenue, Dept. 406 Bismarck, ND 58505-0340
  2. By phone: 701-328-2660 or 800-582-8032 (toll-free in-state)
  3. By fax: 701-328-2031
  4. By email: labor@nd.gov
  5. In person: State Capitol, 13th Floor Bismarck, North Dakota

Note: Contact the department to confirm current filing procedures and to obtain complaint forms.

Official Process:

According to N.D.C.C. § 14-02.4-23, the complaint process includes:

  1. Filing: A complaint must be filed in writing and in the form prescribed by the department. The department may also file complaints.
  2. Investigation: The department investigates complaints of alleged discriminatory practices. The department emphasizes conciliation to resolve complaints.
  3. Probable Cause Determination: Unless the complaint is resolved through informal negotiations, conciliation, or administratively closed, the department determines whether probable cause exists to believe that a discriminatory practice has occurred.
  4. Dismissal or Hearing: If no probable cause is found, the department dismisses the complaint. If probable cause is found and the complaint cannot be resolved through informal negotiations or conciliation, the department issues a probable cause determination and provides for an administrative hearing.

Timeline: The statute does not specify exact timelines for investigation completion, but complaints should be processed in a reasonable timeframe.

Source: North Dakota Century Code § 14-02.4-23 Available at: https://ndlegis.gov/cencode/t14c02-4.pdf

Contact Information:

North Dakota Department of Labor and Human Rights Human Rights Division

Mailing Address: 600 East Boulevard Avenue, Dept. 406 Bismarck, ND 58505-0340

Physical Address: State Capitol, 13th Floor Bismarck, North Dakota

Phone: 701-328-2660 Toll-Free (in-state): 800-582-8032 TTY (Relay ND): 800-366-6888 or 800-366-6889 Fax: 701-328-2031 Email: labor@nd.gov

Website: https://www.nd.gov/labor/human-rights/

Hours: Standard state business hours (contact for specific hours)

5.2 EEOC (Federal)

Filing Deadline: 300 days from the date of discrimination in North Dakota (due to worksharing agreement with state FEPA)

Source: EEOC regulations and worksharing agreement with North Dakota Available at: https://www.eeoc.gov/

Dual-filing: North Dakota has a worksharing agreement with EEOC. Filing with one agency typically results in cross-filing with the other, so filing with both agencies separately is generally unnecessary. However, individuals should indicate at the time of filing if they want cross-filing.

EEOC Office serving North Dakota:

U.S. Equal Employment Opportunity Commission Minneapolis Area Office

Address: Towle Building 330 South Second Avenue, Suite 720 Minneapolis, MN 55401-2224

Phone: 612-552-7306 Toll-Free: 1-800-669-4000 TTY: 1-800-669-6820 Fax: 612-564-4707

EEOC Public Portal: https://publicportal.eeoc.gov/

How to file with EEOC:

  1. Online: Use the EEOC Public Portal to submit an initial inquiry and schedule an intake interview (telephone, video, or in-person) https://publicportal.eeoc.gov/
  2. By phone: Call 1-800-669-4000 to discuss your situation and schedule an interview
  3. TTY: 1-800-669-6820 for hearing-impaired callers

EEOC Process:

  1. Initial inquiry: Submit information through the Public Portal or call the office
  2. Intake interview: Scheduled interview with EEOC representative (telephone, video, or in-person)
  3. Charge filing: If the situation may involve discrimination, a formal charge is filed
  4. Investigation: EEOC investigates the charge
  5. Determination: EEOC issues a determination (cause or no cause)
  6. Conciliation or litigation: If cause is found, EEOC attempts conciliation or may litigate
  7. Notice of Right to Sue: Issued when EEOC closes the case, allowing individual to file lawsuit

Coverage: EEOC enforces federal laws that apply to employers with 15 or more employees (20 for age discrimination)

Note: For employers with 1-14 employees in North Dakota, file with the North Dakota Department of Labor and Human Rights, as federal law does not cover employers below federal thresholds.

5.3 Private Legal Action

According to N.D.C.C. § 14-02.4-19, individuals may bring an action in district court:

For employment discrimination: Within 300 days of the alleged discriminatory act, or within 90 days from the date the department dismisses the complaint or issues a probable cause determination (whichever is greater)

Interaction with administrative process: If an individual elects to bring an action in district court, any administrative action pending before the department based on the same discriminatory acts must be dismissed immediately.

Source: North Dakota Century Code § 14-02.4-19 Available at: https://ndlegis.gov/cencode/t14c02-4.pdf

Individuals should consult with a licensed North Dakota employment attorney regarding:

  • Whether to file administratively or directly in court
  • Applicable deadlines and procedures
  • Available remedies
  • Strategic considerations

Published Official Documents

6.1 State-Specific Guidance Documents

North Dakota Century Code – Title 34 (Labor and Employment)

Published by: North Dakota Legislature Available at: https://www.ndlegis.gov/cencode/ Content: Complete statutes governing employment relationships, wages, hours, termination, labor unions, and public employee relations

Specific Chapters:

  • Chapter 34-01: General Provisions
  • Chapter 34-02: Obligations of Employer and Employee
  • Chapter 34-03: Termination of Employment
  • Chapter 34-06: Minimum Wages and Hours
  • Chapter 34-07: Child Labor

North Dakota Century Code – Chapter 14-02.4 (Human Rights)

Published by: North Dakota Legislature Date: Originally enacted July 1, 1983; various amendments Available at: https://ndlegis.gov/cencode/t14c02-4.pdf Format: PDF Pages: 9

Summary: Establishes North Dakota’s policy against discrimination, defines protected classes, outlines discriminatory practices in employment, housing, public accommodations, public services, and credit transactions, establishes complaint procedures and remedies.

ND Minimum Wage & Work Conditions Summary Poster

Published by: North Dakota Department of Labor and Human Rights Available at: https://www.nd.gov/labor/education-and-other-resources Format: PDF (free download) Summary: Summarizes state labor law requirements including minimum wage, overtime, meal breaks, and employee rights

Human Rights Protections in North Dakota (Brochure)

Published by: North Dakota Department of Labor and Human Rights Available at: https://www.nd.gov/labor/ (search for publications) Summary: Explains types of unlawful discrimination and protected classes under North Dakota law

6.2 Executive Orders

North Dakota Governor’s Executive Orders

Published by: North Dakota Office of the Governor Available at: https://www.governor.nd.gov/executive-orders Date verified: January 6, 2026

2025 Executive Orders:

  • 2025-03: Waives Hours of Service Requirements for Haulers of Propane and Other Petroleum Products
  • 2025-02: Provides Ability to Appoint Staff Member to Chair Military Commission
  • 2025-01: Dissolves Inactive Task Forces and Council

2024 Executive Orders:

  • 2024-07: Assigns and Delegates Duties to Lieutenant Governor in Certain Situations
  • 2024-06: Declares Statewide Fire Emergency
  • 2024-05: Clarifies Membership, Role and Terms of Olmstead Commission
  • Additional orders related to emergencies and administrative matters

Note: No executive orders identified relating to return to office mandates, remote work policies, or telework requirements for state employees or private sector employers as of January 6, 2026.

6.3 State Employee Policies

Office of Management and Budget – Universal HR Policies

Published by: North Dakota Office of Management and Budget Available at: https://www.omb.nd.gov/team-nd-careers/state-hr-policies Date: Various updates (most recent 8/2024 for some policies)

Summary: The OMB Human Resource Policy Manual is for official use of Office of Management and Budget team members and may be used as a resource by agencies in development of their human resource policies. Individual state agencies may have specific policies that differ from the OMB Policy Manual.

Note: As of January 2026, no specific statewide return to office mandate or telework policy for state employees was identified on the OMB website. State agencies may establish their own remote work or telework policies.

Individual agency policies may vary – state employees should consult with their agency’s human resources office for agency-specific policies.

6.4 Federal Guidance Documents

EEOC Guidance on COVID-19 and Return to Work

Published by: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws Summary: Provides guidance on ADA, Rehabilitation Act, and other EEO laws as they apply to pandemic-related workplace issues, including return to work considerations

EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the ADA

Published by: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada Summary: Comprehensive guidance on reasonable accommodation requirements, interactive process, and undue hardship analysis

Absence of Specific RTO Legislation

As of January 6, 2026, searches of official North Dakota government websites reveal:

No specific statutes enacted governing return to office mandates for state employees or private sector employers.

No executive orders issued establishing return to office requirements or timelines.

Search conducted:

Result: No relevant legislation, executive orders, or statewide policies identified

General Employment Framework Applies:

In the absence of specific return to office legislation or executive orders, employment relationships in North Dakota are governed by:

At-will employment (North Dakota Century Code § 34-03-01) – Employment without a specified term may be terminated by either party on notice, subject to exceptions

Anti-discrimination laws:

  • North Dakota Human Rights Act (N.D.C.C. Chapter 14-02.4)
  • Federal laws (Title VII, ADA, ADEA, etc.)

Accommodation requirements:

  • North Dakota Human Rights Act reasonable accommodation provisions
  • Americans with Disabilities Act (for employers with 15+ employees)

Anti-retaliation protections:

  • N.D.C.C. § 14-02.4-18 prohibits retaliation for opposing discrimination or participating in investigations

Contract obligations:

  • Employment contracts (if they exist)
  • Collective bargaining agreements (if applicable)

Public policy exceptions:

  • Courts recognize exceptions to at-will employment for terminations that violate public policy

Resources & Contacts

9.1 Government Agency Directory

North Dakota Department of Labor and Human Rights

Official Website: https://www.nd.gov/labor/

Mailing Address: 600 E. Boulevard Avenue, Dept. 406 Bismarck, ND 58505-0340

Physical Address: State Capitol, 13th Floor Bismarck, North Dakota

Telephone: 701-328-2660 Toll-Free: 800-582-8032 TTY: 800-366-6888 or 800-366-6889 Fax: 701-328-2031 Email: labor@nd.gov

Function: Enforces North Dakota labor and human rights laws, investigates discrimination complaints, provides education on employment laws, licenses employment agencies

North Dakota Department of Labor and Human Rights – Human Rights Division

Website: https://www.nd.gov/labor/human-rights/

Contact: Same as main department address

Function: Processes employment discrimination charges, investigates complaints under North Dakota Human Rights Act, conducts administrative hearings

U.S. Equal Employment Opportunity Commission – Minneapolis Area Office

Official Website: https://www.eeoc.gov/field-office/minneapolis/location

Address: Towle Building 330 South Second Avenue, Suite 720 Minneapolis, MN 55401-2224

Telephone: 612-552-7306 Toll-Free: 1-800-669-4000 TTY: 1-800-669-6820

EEOC Public Portal: https://publicportal.eeoc.gov/

Function: Enforces federal employment discrimination laws (Title VII, ADA, ADEA, GINA, EPA)

North Dakota Office of Management and Budget

Official Website: https://www.omb.nd.gov/

Function: Provides human resource management services for state employees, oversees state employment policies

North Dakota Workforce Safety & Insurance

Official Website: https://www.workforcesafety.com/

Address: 500 East Front Avenue Bismarck, ND 58504-5685

Telephone: 701-328-3800 Toll-Free: 800-777-5033 TTY: 701-328-3786

Function: Administers workers’ compensation insurance, return to work programs, preferred worker program

9.2 Key Publications

North Dakota Century Code – Complete

Available at: https://www.ndlegis.gov/cencode/ Description: Complete North Dakota statutes including Title 34 (Labor and Employment) and Chapter 14-02.4 (Human Rights)

North Dakota Century Code – Title 34 (Labor and Employment)

Available at: https://www.nd.gov/labor/labor-and-employment-north-dakota-century-code-title-34 Description: Employment statutes including termination, wages, hours, child labor

North Dakota Human Rights Act

Available at: https://ndlegis.gov/cencode/t14c02-4.pdf Description: Complete text of North Dakota’s anti-discrimination law

EEOC Technical Assistance

Available at: https://www.eeoc.gov/ Description: Federal guidance on employment discrimination, reasonable accommodation, ADA compliance

ADA Resources

Available at: https://www.ada.gov/ Description: Information on Americans with Disabilities Act requirements and compliance

North Dakota Required Workplace Posters

Available at: https://www.nd.gov/labor/education-and-other-resources Description: Free downloadable posters required in North Dakota workplaces, including ND Minimum Wage & Work Conditions Summary Poster

9.3 Legal Assistance Resources

For legal advice on specific situations, consult a licensed attorney in North Dakota:

State Bar Association of North Dakota

Website: https://www.sbnorthdakota.com/ Phone: 701-255-1404

Lawyer Referral Service: Available through State Bar Association

Function: Provides referrals to licensed North Dakota attorneys

Legal Services of North Dakota

Website: https://www.legalassist.org/ Phone: 1-800-634-5263

Function: Provides free legal assistance to eligible low-income North Dakota residents

North Dakota Protection & Advocacy Project

Website: https://www.ndpanda.org/ Phone: 701-328-2950 Toll-Free: 1-800-472-2670

Function: Protects rights of individuals with disabilities, including employment rights and accommodation issues

Note: Government agencies provide information and enforcement of laws, not legal advice. For advice on your specific situation, consult a licensed attorney in North Dakota.

Frequently Asked Questions - RTO mandate North Dakota

What is North Dakota’s return to office mandate?

North Dakota does not have a state-specific return to office mandate. As of January 2026, North Dakota has not enacted legislation or executive orders requiring state employees or private sector employers to implement return to office policies. Employment decisions regarding remote work or return to office are generally made by individual employers under North Dakota’s at-will employment framework, subject to anti-discrimination laws, reasonable accommodation requirements, and any applicable employment contracts or collective bargaining agreements.

Source: North Dakota Legislature, North Dakota Office of the Governor Verified: January 6, 2026

Does North Dakota’s return to office situation apply to private employers?

No state-specific return to office mandate exists for private employers in North Dakota. Private sector employers may establish their own workplace location policies, including return to office requirements. However, these policies must comply with:

  • North Dakota Human Rights Act (prohibiting discrimination based on protected characteristics)
  • Federal anti-discrimination laws (ADA, Title VII, ADEA, etc.)
  • Reasonable accommodation obligations for employees with disabilities, pregnancy, or religious needs
  • Anti-retaliation protections
  • Any existing employment contracts or collective bargaining agreements

Private employers with one or more employees in North Dakota are covered by the North Dakota Human Rights Act. Federal laws apply to employers meeting federal employee thresholds (typically 15+ employees, 20+ for age discrimination).

Source: North Dakota Century Code Chapter 14-02.4 Available at: https://ndlegis.gov/cencode/t14c02-4.pdf

Can my employer force me back to the office in North Dakota?

Under North Dakota’s at-will employment doctrine, employers generally may change employment terms, including work location, unless limited by:

Employment contracts: If you have a written employment contract specifying remote work or work location, the employer must honor the contract terms.

Collective bargaining agreements: Union-represented employees should consult their collective bargaining agreements regarding work location changes.

Reasonable accommodations: Employees with disabilities, pregnancy-related conditions, or religious needs may request remote work as a reasonable accommodation. Employers must engage in an interactive process to determine if accommodation is possible without undue hardship.

Anti-discrimination protections: Employers cannot implement return to office policies in a discriminatory manner based on protected characteristics (race, color, religion, sex, national origin, age, disability, marital status, public assistance status, or lawful off-duty conduct).

Anti-retaliation protections: Employers cannot retaliate against employees for requesting accommodations or reporting discrimination.

According to North Dakota Century Code § 34-03-01: “An employment having no specified term may be terminated at the will of either party on notice to the other, except when otherwise provided by this title.”

Source: North Dakota Century Code §§ 34-03-01, 14-02.4-03 Available at: https://ndlegis.gov/cencode/

What are my accommodation rights under North Dakota law?

North Dakota Human Rights Act requires employers with one or more employees to provide reasonable accommodations for:

Disabilities: Physical or mental impairments that substantially limit one or more major life activities

Pregnancy: Pregnancy, childbirth, and related medical conditions

Religious beliefs and practices: Sincerely held religious beliefs requiring accommodation

According to N.D.C.C. § 14-02.4-03(2): “It is a discriminatory practice for an employer to fail or refuse to make reasonable accommodations for an otherwise qualified individual with a physical or mental disability, because that individual is pregnant, or because of that individual’s religion.”

Reasonable accommodations must not:

  • Unduly disrupt or interfere with the employer’s normal operations
  • Threaten the health or safety of the individual or others
  • Contradict a business necessity of the employer
  • Impose undue hardship on the employer (considering business size, type, financial resources, and cost of accommodation)

Remote work may be a reasonable accommodation in some circumstances, particularly if:

  • The employee can perform essential job functions remotely
  • The employer has previously allowed remote work or has infrastructure supporting remote work
  • The accommodation does not impose undue hardship on the employer

Employers must engage in an interactive process with employees requesting accommodations.

Source: North Dakota Century Code §§ 14-02.4-02(17), 14-02.4-03(2) Available at: https://ndlegis.gov/cencode/t14c02-4.pdf

How do I file a discrimination complaint in North Dakota?

Individuals may file discrimination complaints through two channels:

North Dakota Department of Labor and Human Rights:

Deadline: 300 days from the most recent discriminatory event for employment discrimination

Contact: North Dakota Department of Labor and Human Rights Human Rights Division 600 East Boulevard Avenue, Dept. 406 Bismarck, ND 58505-0340

Phone: 701-328-2660 or 800-582-8032 (toll-free) Email: labor@nd.gov

Process: File written complaint, department investigates, probable cause determination, possible administrative hearing if not resolved through conciliation

Covers: Employers with one or more employees

U.S. Equal Employment Opportunity Commission:

Deadline: 300 days from discrimination (in North Dakota due to worksharing agreement)

Contact: EEOC Minneapolis Area Office 330 South Second Avenue, Suite 720 Minneapolis, MN 55401-2224

Phone: 1-800-669-4000 EEOC Public Portal: https://publicportal.eeoc.gov/

Process: Submit inquiry through portal or phone, schedule intake interview, file formal charge if appropriate, EEOC investigation

Covers: Employers with 15 or more employees (20 for age discrimination)

Dual filing: North Dakota has worksharing agreement with EEOC. Filing with one agency typically results in cross-filing with the other.

What to expect:

  • Investigation of your complaint
  • Possible conciliation or mediation
  • Determination of cause or no cause
  • Administrative hearing or right to sue notice if appropriate

Source: North Dakota Century Code § 14-02.4-19, EEOC regulations Available at: https://ndlegis.gov/cencode/t14c02-4.pdf and https://www.eeoc.gov/

Can I request remote work as a reasonable accommodation?

Yes. Employees may request remote work as a reasonable accommodation if they have:

A disability that substantially limits one or more major life activities, and remote work would enable them to perform essential job functions

Pregnancy-related conditions requiring accommodation

Religious needs that remote work would address

The request process generally involves:

  1. Notify employer: Inform employer of need for accommodation (can be oral or written, though written is recommended)
  2. Provide information: Employer may request reasonable medical or other documentation supporting the accommodation need
  3. Interactive process: Engage with employer to discuss potential accommodations
  4. Employer evaluation: Employer determines if remote work is reasonable and does not impose undue hardship

Employers are not required to provide remote work if:

  • Essential job functions cannot be performed remotely
  • Remote work would impose undue hardship (considering business size, nature, financial resources, and accommodation cost)
  • Remote work would unduly disrupt normal business operations
  • Other effective reasonable accommodations are available

What if request is denied:

If your accommodation request is denied, ask for explanation in writing. If you believe the denial violates discrimination laws, you may file a complaint with the North Dakota Department of Labor and Human Rights or EEOC within applicable deadlines (300 days).

Source: North Dakota Century Code § 14-02.4-03(2), EEOC guidance Available at: https://ndlegis.gov/cencode/t14c02-4.pdf and https://www.eeoc.gov/

What is North Dakota’s Human Rights Act?

The North Dakota Human Rights Act is North Dakota’s primary anti-discrimination law, enacted July 1, 1983.

Citation: North Dakota Century Code Chapter 14-02.4

Purpose: According to N.D.C.C. § 14-02.4-01, it is North Dakota’s policy to prohibit discrimination and prevent discrimination in employment, public accommodations, housing, state and local government services, and credit transactions.

Protected classes in employment:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual harassment)
  • National origin
  • Age (40 and older)
  • Physical or mental disability
  • Marital status
  • Public assistance status
  • Lawful off-duty conduct not conflicting with business interests

Coverage: Employers with one or more employees for more than one quarter of the year

Enforcement: North Dakota Department of Labor and Human Rights

Remedies: Injunctive relief, temporary or permanent injunctions, equitable relief, backpay (limited to no more than two years from complaint filing), attorney’s fees

Note: The Act does not permit compensatory or punitive damages through administrative proceedings; these may be available through court action.

Source: North Dakota Century Code Chapter 14-02.4 Available at: https://ndlegis.gov/cencode/t14c02-4.pdf

Where do I file an EEOC complaint in North Dakota?

North Dakota does not have a local EEOC office. The EEOC Minneapolis Area Office serves North Dakota.

U.S. Equal Employment Opportunity Commission Minneapolis Area Office

Address: Towle Building 330 South Second Avenue, Suite 720 Minneapolis, MN 55401-2224

Phone: 612-552-7306 Toll-Free: 1-800-669-4000 TTY: 1-800-669-6820

Online: EEOC Public Portal at https://publicportal.eeoc.gov/

How to file:

  1. Visit EEOC Public Portal to submit initial inquiry and schedule intake interview
  2. Call 1-800-669-4000 to discuss situation
  3. Interview may be conducted by telephone, video, or in-person at Minneapolis office

Deadline: 300 days from discrimination in North Dakota

Coverage: Employers with 15+ employees (20+ for age discrimination)

The Minneapolis Area Office is part of EEOC’s Chicago District, which is responsible for investigating charges of discrimination in Minnesota, Illinois, Wisconsin, Iowa, North Dakota, and South Dakota.

Source: EEOC website, EEOC field office information Available at: https://www.eeoc.gov/field-office

What is at-will employment in North Dakota?

At-will employment means that employment without a specified term may be terminated by either the employer or employee at any time, with or without cause, upon notice to the other party.

According to North Dakota Century Code § 34-03-01:

“An employment having no specified term may be terminated at the will of either party on notice to the other, except when otherwise provided by this title.”

Key aspects:

Either party may terminate: Both employer and employee have the right to end the employment relationship

No cause required: Neither party needs a reason to terminate employment

Notice required: Notice must be provided (statute does not specify length, but reasonable notice is implied)

Exceptions exist:

  • Employment contracts specifying terms or requiring cause for termination
  • Collective bargaining agreements
  • Implied contracts (such as employee handbook provisions promising termination only for cause)
  • Public policy exceptions (cannot terminate for refusing to break the law)
  • Anti-discrimination laws (cannot terminate based on protected characteristics)
  • Anti-retaliation protections

Source: North Dakota Century Code § 34-03-01 Available at: https://ndlegis.gov/cencode/t34c03.pdf

What is the difference between state employee and private sector return to office requirements in North Dakota?

State employees:

As of January 2026, North Dakota has not issued statewide executive orders or policies mandating return to office for state employees. Individual state agencies may establish their own remote work or telework policies within general state employment guidelines. State employees should consult:

  • Their agency’s human resources office
  • Agency-specific policies
  • Applicable union contracts (if unionized)
  • Office of Management and Budget policies (may serve as guidance)

Private sector employees:

Private employers operate under at-will employment principles and may establish their own workplace location policies, subject to:

  • Anti-discrimination laws (North Dakota Human Rights Act, federal laws)
  • Reasonable accommodation obligations
  • Employment contracts or collective bargaining agreements
  • Anti-retaliation protections

Common requirements for both:

Both state and private employers must:

  • Comply with anti-discrimination laws
  • Provide reasonable accommodations for disabilities, pregnancy, and religion
  • Avoid retaliation against employees requesting accommodations or reporting discrimination
  • Follow any applicable collective bargaining agreements

Source: North Dakota Office of Management and Budget, North Dakota Century Code Available at: https://www.omb.nd.gov/ and https://www.ndlegis.gov/cencode/

Are there exceptions to at-will employment in North Dakota?

Yes. While North Dakota follows the at-will employment doctrine, several exceptions exist:

Statutory exceptions:

  • Anti-discrimination laws prohibit termination based on protected characteristics (race, color, religion, sex, national origin, age, disability, marital status, public assistance status, lawful off-duty conduct)
  • Anti-retaliation protections prohibit termination for opposing discrimination or participating in investigations
  • Public policy protections prohibit termination for refusing to break the law

Contractual exceptions:

  • Written employment contracts specifying term or requiring cause for termination
  • Collective bargaining agreements
  • Implied contracts from employee handbook provisions or employer representations

Source: According to North Dakota courts, implied contract exceptions exist where employers make expressed written assurances that employees would only be discharged for cause, such as written representations in employee handbooks.

Public policy exceptions: North Dakota courts recognize that it is illegal to terminate an employee for refusing to break the law on behalf of the employer.

Federal protections:

  • Family and Medical Leave Act (FMLA) – cannot terminate for taking protected leave
  • Occupational Safety and Health Act (OSHA) – cannot terminate for reporting safety violations
  • Workers’ compensation laws – cannot terminate for filing workers’ compensation claims

Source: North Dakota Century Code § 34-03-01, North Dakota case law, federal statutes Available at: https://ndlegis.gov/cencode/t34c03.pdf

How does North Dakota regulate remote work?

North Dakota does not have specific statutes or regulations governing remote work arrangements. Remote work is generally governed by:

At-will employment principles: Employers may establish or modify remote work policies under at-will employment, subject to contracts and legal requirements

Anti-discrimination laws: Remote work policies cannot discriminate based on protected characteristics

Reasonable accommodation laws: Remote work may be required as a reasonable accommodation for disabilities, pregnancy, or religious needs

Wage and hour laws: Remote workers are entitled to minimum wage, overtime (if non-exempt), and meal breaks as required by North Dakota law

Workers’ compensation: Remote workers are generally covered by workers’ compensation for work-related injuries occurring during work hours

Tax considerations: Remote workers may have income tax withholding and other tax obligations in North Dakota

Employment contracts: If contracts address work location, those terms govern

Best practices for employers offering remote work:

  • Establish clear written policies
  • Address equipment, technology, and cybersecurity
  • Clarify expectations for work hours and availability
  • Ensure compliance with wage and hour laws
  • Maintain workers’ compensation coverage
  • Address accommodation requests through interactive process

Source: North Dakota Century Code Title 34, North Dakota Department of Labor and Human Rights Available at: https://www.nd.gov/labor/

What should I do if I believe I was discriminated against due to a return to office policy?

If you believe you experienced discrimination related to a return to office policy, consider these steps:

1. Document everything:

  • Written communications about return to office requirements
  • Medical documentation supporting any accommodation requests
  • Notes from conversations with supervisors or HR
  • Dates of discriminatory actions or denials
  • Names of witnesses
  • Any adverse actions taken (termination, demotion, schedule changes)

2. Internal reporting:

  • Follow employer’s internal complaint procedures
  • Report to HR or designated compliance officer
  • Request written confirmation of your complaint

3. File external complaint:

Option A – North Dakota Department of Labor and Human Rights:

Option B – EEOC:

4. Consult an attorney: Contact a licensed North Dakota employment attorney to discuss:

  • Whether discrimination occurred
  • Applicable deadlines
  • Whether to file administratively or in court
  • Potential remedies

5. Preserve your rights:

  • File complaint before deadline expires
  • Continue performing job duties unless safety concerns exist
  • Do not sign waivers or settlements without attorney review

Important: Retaliation for filing complaints or requesting accommodations is illegal. Document any retaliatory actions and report them immediately.

Source: North Dakota Century Code § 14-02.4-19, EEOC regulations Available at: https://ndlegis.gov/cencode/t14c02-4.pdf

What documentation can my employer request for an accommodation?

Employers may request reasonable documentation to support an accommodation request, but requests must be limited and appropriate.

For disability accommodations:

Employers may request:

  • Confirmation that a disability exists under applicable law
  • Description of functional limitations
  • How the disability necessitates the requested accommodation
  • How the accommodation would enable performance of essential job functions

Employers generally cannot request:

  • Complete medical records
  • Unrelated medical information
  • Genetic information
  • Details beyond what is necessary to assess the accommodation request

For pregnancy accommodations:

Employers may request:

  • Medical documentation confirming pregnancy or pregnancy-related condition
  • Description of limitations
  • Expected duration of limitations
  • How accommodation addresses the limitations

For religious accommodations:

Employers may request:

  • Description of religious belief or practice
  • Explanation of how belief/practice conflicts with work requirement
  • How accommodation would resolve the conflict

Generally cannot request:

  • Extensive proof of religious sincerity
  • Religious affiliation details beyond what is necessary

Best practices for employees:

  • Obtain documentation from healthcare provider familiar with your condition
  • Ensure documentation addresses employer’s legitimate questions
  • Do not provide more medical information than necessary
  • Ask employer to specify what information is needed
  • Keep copies of all documentation provided

Medical information confidentiality:

According to N.D.C.C. § 14-02.4-10(4): “Medical history obtained under this section must be collected and maintained separate from nonmedical information and must be kept confidential.”

Source: North Dakota Century Code § 14-02.4-10, EEOC guidance, ADA regulations Available at: https://ndlegis.gov/cencode/t14c02-4.pdf and https://www.eeoc.gov/

Others

South Dakota
Connecticut
Michigan
Idaho
Iowa

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current