Which states have off-duty conduct statutes?

Off-duty conduct statutes protect employees from being penalized by their employers for lawful activities that they engage in outside of work hours. These laws signify a recognition of an individual's right to engage in personal conduct without it negatively impacting their employment status.

North Dakota, New York, and other states have enacted off-duty conduct statutes to varying degrees. For instance, North Dakota's Human Rights Act includes provisions that prevent discrimination against employees based on their legal off-duty activities. Similarly, New York has protections in place that limit employer actions against employees based on legal activities conducted outside of work.

Texas does not have a statutory framework for off-duty conduct protections in a manner similar to the other mentioned states. Instead, Texas is generally considered an “at-will” employment state, where employers have broad discretion to terminate employees for various reasons, including for off-duty conduct—unless the conduct is protected by specific laws.

Thus, the grouping of North Dakota, New York, and potentially others as states with off-duty conduct statutes provides a correct and comprehensive understanding of the legal landscape surrounding employee rights in this area.