§ 50-25.2-11 — Retaliation prohibited - Presumption - Penalty

North Dakota § 50-25.2-11

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-25.2: Vulnerable Adult Protection Services

Text

1. An employer who imposes any form of discipline or retaliation against an employee
solely because the employee reported in good faith having knowledge of or
reasonable cause to suspect that a vulnerable adult is or has been abused or
neglected, or because the employee is a vulnerable adult with respect to whom a
report was made, is guilty of a class B misdemeanor.
2. The employer of a person permitted to report pursuant to section 50-25.2-12 who
retaliates against the person because of a report is liable to that person in a civil action
for all damages.
3. A rebuttable presumption that retaliation has occurred arises when an adverse action
is taken within ninety days of the report. An adverse action includes:
a. The discharge from or termination of employment;

b. The demotion, negative work performance evaluation, reduction of hours worked,
reduction of benefits or work privileges, or reduction in remuneration for services
of the employee; or
c. The restriction or prohibition of access by the employee to any place of
employment or persons affiliated with the place of employment.