§ 25-01.3-05 — Retaliation - Presumptions - Penalty

North Dakota § 25-01.3-05

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-01.3: Committee on Protection and Advocacy

Text

1. An employer that imposes any form of discipline or retaliation against an employee
solely because the employee reported having knowledge of or reasonable cause to
suspect that a person with developmental disabilities or mental illness was abused,
neglected, or exploited is guilty of a class B misdemeanor.
2. A rebuttable presumption that retaliation has occurred arises when an adverse action
is taken within ninety days of the report. For the purpose of this subsection, "adverse
action" means any action taken against the reporter or the person with developmental
disabilities or mental illness about whom the report was made by a facility or person
involved in a report because of the report. Adverse action includes:
a. Discharge from or termination of the employment of the employee.
b. Demotion, negative work performance evaluation, reduction of hours worked or
benefits or work privileges, or reduction in remuneration for services of the
employee.
c. Restriction or prohibition of access by the employee to a facility or to the
residents of the facility.
d. Discharge or transfer of the person with developmental disabilities or mental
illness from or within a facility or from the supervision of a caretaker.
e. Failure of a facility to perform customary services for the person with
developmental disabilities or mental illness.
3. It is a defense to any charge brought under this section that the good faith of the
individual making the report, described in subsection 3 of section 25-01.3-04, has
been rebutted, but only as to actions taken against the employee.