Employee Privacy: North Dakota

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Joel Fremstad and Lynn Block, Fremstad Law

Summary

• Regarding electronic communications, North Dakota law provides a defense for interception if at least one of the parties to a communication provides prior consent. See Wiretapping and Eavesdropping.
• Consent is required to intercept written private correspondence, which may extend to stored or undelivered electronic correspondence. See Wiretapping and Eavesdropping.
• Employers should not ask about arrests or base any employment decisions on past convictions of a job applicant or employee without first consulting with an attorney. See Employee Background Checks.
• There is state law on employee medical testing, including how and when employers are permitted to conduct medical examinations. See Medical Examinations.
• Medical information must be kept separately from other employee information. See Employee Records.
• North Dakota law prohibits employers from discriminating against employees for activities performed outside of work. See Activities Performed Outside of Work.
• North Dakota does not recognize a common law claim for invasion of privacy. See Common Law Invasion of Privacy Claims.