§ 50-25.1-09.1 — Employer retaliation prohibited - Penalty

North Dakota § 50-25.1-09.1

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-25.1: Child Abuse and Neglect

Text

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.