HB 1391 — A BILL for an Act to create and enact a new section to chapter 14-02.4 of the North Dakota Century Code, relating to health status exceptions for health care facilities; to amend and reenact sections 14-02.4-01, 14-02.4-02, 14-02.4-03, 14-02.4-04, 14-02.4-05, 14-02.4-06, 14-02.4-08, and 14-02.4-09, subsection 1 of section 14-02.4-14, subsection 1 of section 14-02.4-15, and sections 14-02.4-16 and 14-02.4-17 of the North Dakota Century Code, relating to creating a new status related to human rights and antidiscrimination policies; and to provide an appropriation.

25.1065.0100025.1065.02000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED HOUSE BILL NO.

1391 of North Dakota Introduced by Representatives Rohr, K.

Ruby, Toman, Holle, Frelich Senators Boehm, Clemens, Schaible, Van Oosting, Weston A BILL for an Act to amendcreate and reenactenact sectionsa 14-02.4-01,new 14-02.4-02, 14-02.4-03, 14-02.4-04, 14-02.4-05, 14-02.4-06, 14-02.4-08, and 14-02.4-09, subsection 1 of section 14-02.4-14,to subsectionchapter 114-02.4 of section 14-02.4-15, and sections 14-02.4-16 and 14-02.4-17 of the North Dakota Century Code, relating to creatinghealth a new status relatedexceptions tofor humanhealth rightscare andfacilities; antidiscrimination policies.

and to amend and reenact sections 14-02.4-01, 14-02.4-02, 14-02.4-03, 14-02.4-04, 14-02.4-05, 14-02.4-06, 14-02.4-08, and 14-02.4-09, subsection 1 of section 14-02.4-14, subsection 1 of section 14-02.4-15, and sections 14-02.4-16 and 14-02.4-17 of the North Dakota Century Code, relating to creating a new status related to human rights and antidiscrimination policies.

1.

"Age" insofar as it refers to any prohibited unfair employment or other practice means at least forty years of age.

1 25.1065.0100025.1065.02000 Sixty-ninth Legislative Assembly 2.1.

"Age" insofar as it refers to any prohibited unfair employment or other practice means at least forty years of age.

2.

or c.Page No.

2 25.1065.02000 Sixty-ninth Legislative Assembly c.

and in the case of employment, the Pageemployer No.is responsible for its acts and those of its supervisory employees if it knows or should know of the existence of the harassment and fails to take timely and appropriate action.

2 25.1065.01000 Sixty-ninth Legislative Assembly employer is responsible for its acts and those of its supervisory employees if it knows or should know of the existence of the harassment and fails to take timely and appropriate action.

12.13.Page No.

3 25.1065.02000 Sixty-ninth Legislative Assembly 12.13.

"Person" means an individual, partnership, association, corporation, limited liability company, unincorporated organization, mutual company, joint stock company, trust, Pageagent, No.legal representative, trustee, trustee in bankruptcy, receiver, labor organization, public body, public corporation, and the state and a political subdivision and agency thereof.

3 25.1065.01000 Sixty-ninth Legislative Assembly agent, legal representative, trustee, trustee in bankruptcy, receiver, labor organization, public body, public corporation, and the state and a political subdivision and agency thereof.

"Status with regard to public assistance" means the condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receivingPage federal,No. state, or local subsidies, including rental assistance or rent supplements.

4 25.1065.02000 Sixty-ninth Legislative Assembly receiving federal, state, or local subsidies, including rental assistance or rent supplements.

Page14-02.4-03. No.

4 25.1065.01000 Sixty-ninth Legislative Assembly 14-02.4-03.

This chapter does not prohibit compulsory retirement of any employee who has attained sixty-five years of age, but not seventy years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or high policymaking position, if the employee is entitled to an immediate nonforfeiture annual retirement benefit from a pension, profit-sharing, savings, or deferred compensationPage plan,No. or any combination of those plans, of the employer of the employee, which equal, in the aggregate, at least forty-four thousand dollars.

5 25.1065.02000 Sixty-ninth Legislative Assembly compensation plan, or any combination of those plans, of the employer of the employee, which equal, in the aggregate, at least forty-four thousand dollars.

Page14-02.4-04. No.

5 25.1065.01000 Sixty-ninth Legislative Assembly 14-02.4-04.

14-02.4-08.Page No.

6 25.1065.02000 Sixty-ninth Legislative Assembly 14-02.4-08.

Notwithstanding sections 14-02.4-03 through 14-02.4-06, it is not a discriminatory practice for an employer to fail or refuse to hire and employ an individual for a position, to discharge an Pageindividual No.from a position, or for an employment agency to fail or refuse to refer an individual for employment in a position, or for a labor organization to fail or refuse to refer an individual for employment, on the basis of religion, sex, national origin, physical or mental disability, health status, or marital status in those circumstances where religion, sex, national origin, physical or mental disability, health status, or marital status is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;

6 25.1065.01000 Sixty-ninth Legislative Assembly individual from a position, or for an employment agency to fail or refuse to refer an individual for employment in a position, or for a labor organization to fail or refuse to refer an individual for employment, on the basis of religion, sex, national origin, physical or mental disability, health status, or marital status in those circumstances where religion, sex, national origin, physical or mental disability, health status, or marital status is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;

provided, that the test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, color, religion,Page sex,No. national origin, age, physical or mental disability, health status, status with respect to marriage or public assistance, or participation in a lawful activity off the employer's premises during nonworking hours.

Page7 No.25.1065.02000 Sixty-ninth Legislative Assembly religion, sex, national origin, age, physical or mental disability, health status, status with respect to marriage or public assistance, or participation in a lawful activity off the employer's premises during nonworking hours.

7 25.1065.01000 Sixty-ninth Legislative Assembly SECTION 9.

SECTIONPage 12.No.

8 25.1065.02000 Sixty-ninth Legislative Assembly SECTION 12.

Page14-02.4-17. No.

8 25.1065.01000 Sixty-ninth Legislative Assembly 14-02.4-17.

SECTION 13.

A new section to chapter 14-02.4 of the North Dakota Century Code is created and enacted as follows:

Health status inquiry not discriminatory.

1.