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Recent Developments in North Dakota Regarding Employment Practices

The North Dakota Supreme Court ruled that an employer may have violated a minister's legal rights by dismissing him for engaging in private sexual behavior in a public restroom.

Key point. Some states have enacted laws prohibiting employers from dismissing employees for engaging in lawful behavior during nonworking hours. These laws often do not apply to churches, but they may apply to other religious organizations and they do not necessarily exempt clergy who work for secular organizations.

• The North Dakota Supreme Court ruled that an employer may have violated a minister's legal rights by dismissing him for engaging in private sexual behavior in a public restroom. An employee of a Sears department store visited a public restroom in the store. While seated in an enclosed stall, the employee inadvertently glanced through a small hole in the wall and noticed a man engaged in private sexual behavior (masturbation) in the adjoining stall. The employee left the restroom and called the police. The police informed the employee that state law prohibited such ...

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Posted:
  • September 1, 1998

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