NDAC 46-04-01-01
Definitions
Cite as N.D. Admin. Code ยง 46-04-01-01
When used in this chapter or in the North Dakota Human Rights Act:
1.
"Act" means the North Dakota Human Rights Act, North Dakota Century Code chapter
14-02.4.
2.
"Alternative dispute resolution" means the confidential and voluntary mediation process
facilitated by the department for resolving allegations of employment discrimination prior to
investigation being conducted by the department.
3.
"Charge of discrimination" means written allegations of a discriminatory practice in regard to
employment filed with the department in compliance with these rules, including an amended
charge of discrimination.
4.
"Charging party" means a person, including the department, who files a charge of
discrimination in regard to discriminatory employment practices under North Dakota Century
Code chapter 14-02.4.
5.
"Complainant" means a person, including the department, who files a complaint under North
Dakota Century Code section 14-02.4-19, in all areas covered by the Act, except employment.
6.
"Complaint" means written allegations of a discriminatory practice filed with the department in
compliance with these rules, in all areas covered by the Act, except employment, including an
amended complaint.
7.
"Conciliation" means the negotiations facilitated by the department between a charging party
and the respondent to resolve the issues involving employment, after there has been a
determination of probable cause.
8.
"Conciliation agreement" means a written agreement setting forth the terms that resolve the
issues under conciliation.
9.
"EEOC" means the United States equal employment opportunity commission.
10.
"Informal negotiations" means negotiations facilitated by the department between a
complainant or charging party and the respondent to resolve the issues raised in the
complaint or charge of discrimination, which may include mediation or alternative dispute
resolution.
11.
"Negotiated settlement agreement" means a written agreement setting forth the terms that
resolve the issues under informal negotiation.
12.
"Respondent" means a person accused of a discriminatory practice.