The South Dakota Human Relations Act prohibits employment practices that discriminate on the basis of sex, including pregnancy, childbirth, and related medical conditions (SD Cod. Laws Sec. 20-13-1et seq.). According to guidelines issued by the state Division of Human Rights, employers must treat pregnancy-related conditions the same as they treat other types of temporary disabilities for all employment-related purposes, including the commencement and duration of a leave of absence, the availability of extensions, the accrual of seniority and other benefits while on leave, and job reinstatement (SD Admin. Rules Sec. 20:03:09:12). Employers are also prohibited from making rules that apply to married women but not married men (SD Admin. Rules Sec. 20:03:09:06).
The Act covers all employers regardless of size as well as labor organizations and employment agencies.
Fringe benefits. Discrimination in fringe benefits on the basis of gender or marital status is prohibited (SD Admin. Rules Sec. 20:03:09:11et seq.). A separate provision forbids written or unwritten employment policies or practices that differentiate between pregnancy and childbirth and other temporary disabilities. In addition, employers can't provide “child care leave” that discriminates on the basis of sex.