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Equal Pay

N.D.C.C. § 34-06.1-03 — the same pay for comparable work regardless of gender, and two years to sue

An employer may not pay one gender less than the other in the same establishment for comparable work on jobs with comparable skill, effort and responsibility. Differences from seniority, merit, production-based pay, or a real factor other than gender such as education, training or experience are allowed.

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  • An employer may not cut anyone's pay to fix a violation, and may not retaliate against an employee who helps enforce the chapter.
  • The employer is liable for the unpaid wages and, for a willful violation in an employee's suit, up to an equal amount more, plus attorney's fees and costs.
  • Suit is due within two years; a complaint first filed with the commissioner pauses that clock.
  • The employer keeps wage records for the whole employment and two years after.
Sources for this section (4)
  1. N.D.C.C. § 34-06.1-03 — Prohibition of discrimination
  2. N.D.C.C. § 34-06.1-05 — Collection of unpaid wages and other relief - District court - Commissioner
  3. N.D.C.C. § 34-06.1-06 — Statute of limitations
  4. N.D.C.C. § 34-06.1-07 — Records and reporting

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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