34-11.1-04. Violations for misuse reported by employee - Reprisals prohibited - Furnishing false information - Department of labor and human rights

34-11.1-04. Violations for misuse reported by employee - Reprisals prohibited - Furnishing false information - Department of labor and human rights. 1. An employee, without fear of reprisal, may report in writing to the employee's respective agency head, a state's attorney, the attorney general, the state auditor, or an employee organization the existence of: a. A job-related violation of local, state, or federal law, rule, regulation, or ordinance. b. The job-related misuse of public resources. 2. For having made a report under subsection 1, no employee will: a. Be dismissed from employment. b. Have salary increases or employment-related benefits withheld. c. Be transferred or reassigned. d. Be denied a promotion that the employee otherwise would have received. e. Be demoted. f. Be discriminated against in any term or condition of employment. 3. An employee who intentionally furnishes false information is subject to disciplinary action, including suspension or dismissal as determined by the employee's appointing authority or designee. An employee claiming reprisal under this section may appeal first to the human resource management services division and then to the district court in the manner prescribed by chapter 28-32, or to other appropriate offices and then to district court if the employee is not under the jurisdiction of the human resource management services division. 4. The department of labor and human rights shall receive complaints of violations of this section and may attempt to obtain voluntary compliance with this section through informal advice, negotiation, or conciliation. To receive assistance from the department of labor and human rights, a person claiming to be aggrieved by a violation of this section shall file a complaint with the department within three hundred days after the alleged act of wrongdoing. An employee is not prohibited from filing, or required to file, a complaint with the department of labor and human rights under this subsection before proceeding under other provisions of this section. 5. An employee of the state may appeal a claim of reprisal under this section in the manner prescribed for a classified employee under chapter 54-44.3. This subsection does not apply to an employee under the jurisdiction of the state board of higher education or the judicial branch of government.