North Dakota Expands the Definition of Pregnant in State EEO Law
By Joel Riley
North Dakota enacted HB 1450 clarifying that 'pregnant' includes pregnancy, childbirth, and related medical conditions under the state's Human Rights Act. Effective August 1, 2023.
What Changed
North Dakota enacted House Bill 1450 (HB 1450), which expands the definition of "pregnant" in the North Dakota Human Rights Act to explicitly include pregnancy, childbirth, and related medical conditions. Previously, the statutory definition was less specific, potentially leaving gaps in coverage.
The North Dakota Human Rights Act already prohibited employers from failing to make reasonable accommodations for pregnant individuals. HB 1450 clarifies and broadens the scope of who is protected.
Who Is Affected
All North Dakota employers of all sizes. The North Dakota Human Rights Act's pregnancy accommodation requirement applies to all employers, and this clarification extends protections to employees experiencing complications from childbirth, postpartum conditions, and other pregnancy-related medical conditions.
Where It Applies
North Dakota statewide.
When It Takes Effect
August 1, 2023.
Why It Matters
This is a clarification rather than a sweeping new requirement, but it is an important one. By explicitly including childbirth and related medical conditions in the definition of "pregnant," the law ensures that employees recovering from childbirth or dealing with postpartum complications are clearly covered by the same accommodation protections as currently pregnant employees. This aligns North Dakota's law more closely with federal protections under the Pregnant Workers Fairness Act.
The Humareso Take
This is a relatively minor update in terms of operational impact, but it is worth noting for handbook accuracy. If your North Dakota policies reference pregnancy protections, make sure they encompass childbirth and related medical conditions — not just active pregnancy. It is a small language update that ensures you are covering the full scope of the law.
Recommended Action Steps
Review your EEO and accommodation policies for North Dakota to ensure they cover pregnancy, childbirth, and related medical conditions.
Update your employee handbook to reflect the expanded definition.
Contact your Humareso representative if you need help updating your North Dakota compliance policies.
✅ Recommended Action Steps
Originally posted by Joel Riley on 2023-07-06T16:35:45.833Z in Humareso Team > Compliance channel.