Employment Discrimination Based on Sexual Orientation and Gender Identity in North Dakota

Executive Summary

More than 4% of the American workforce identifies as lesbian, gay, bisexual, or transgender (LGBT). Approximately 6,800 of these workers live in North Dakota. North Dakota does not have a statewide law that prohibits discrimination based on sexual orientation or gender identity in employment.

This report summarizes recent evidence of sexual orientation and gender identity employment discrimination, explains the limited current protections from sexual orientation and gender identity employment discrimination in North Dakota, and estimates the administrative impact of passing a law prohibiting employment discrimination based on these characteristics in the state.

Key Findings

• In total there are approximately 9,800 LGBT adults in North Dakota, including 6,800 who are part of North Dakota’s workforce.2
• Instances of employment discrimination based on sexual orientation and gender identity in North Dakota have been documented in legislative testimony, the media, and reports to community-based organizations. Examples include instances of discrimination against public school teachers, a convenience store clerk, an applicant for a job at a bank, a hospital employee, and an employee of a manufacturing company.
• Survey data indicate that discrimination against LGBT workers is prevalent across the country. Most recently, a national survey conducted by the Pew Research Center in 2013 found that 21%of LGBT respondents had been treated unfairly by an employer in hiring, pay, or promotions.
• When transgender people are surveyed separately, they report similar or higher levels of discrimination. In 2010, 78% of respondents to the largest national survey of transgender people to date reported having experienced harassment or mistreatment at work, and 47%reported having been discriminated against in hiring, promotion, or job retention because of their gender identity.
• No localities in North Dakota have passed ordinances prohibiting discrimination in private sector employment based on sexual orientation or gender identity. Two localities, Fargo and Grand Forks, have adopted policies that protect city employees from discrimination based on sexual orientation. Grand Forks’ policy also includes gender identity.
• Private companies may adopt internal non-discrimination policies to improve recruitment and retention of talented employees, to increase employee productivity and customer satisfaction, or to attract a larger customer base. At least five large companies headquartered in North Dakota have policies prohibiting discrimination based on sexual orientation, and two of those companies also prohibit discrimination based on gender identity. Additionally, all of the state universities in the North Dakota University System have policies prohibiting discrimination based on sexual orientation, and at least three of those universities also have policies prohibiting discrimination based on gender identity.
• Public opinion in North Dakota supports the passage of non-discrimination protections for LGBT people. In response to a 2015 poll of North Dakota residents, 59% said that they supported Senate Bill 2279, which would have added sexual orientation and gender identity to North Dakota’s existing non-discrimination law. In response to a national poll conducted in 2011, 69%of those polled in North Dakota said that Congress should pass a federal law to prohibit employment discrimination based on sexual orientation and gender identity. In addition, other polls have found that 78% of North Dakota residents think that LGBT people experience a moderate amount to a lot of discrimination in the state.
• Adding sexual orientation and gender identity to the state’s current non-discrimination law would result in approximately three additional complaints, on average, being filed with the North Dakota Human Rights Division or in court each year.
• The anticipated new complaints based on sexual orientation and gender identity could likely be absorbed into the existing system with no need for additional staff and negligible costs.

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