The South Dakota Human Relations Act prohibits discrimination in employment on the basis of race, color, creed, religion, sex, ancestry, disability, or national origin (SD Cod. Laws Sec. 20-13-1 et seq.). The Act applies to all employers in the state. The Act also prohibits employers from retaliating or discriminating against employees or applicants who file discrimination complaints.
Like the federal law under Title VII of the Civil Rights Act of 1964, state law prohibits an employer from making a decision regarding hiring, promotion, job duties, compensation, or any other condition of employment on the basis of a protected characteristic. Also, as with the federal Americans with Disabilities Act, employers must offer reasonable accommodations to allow individuals with disabilities to participate in the job application process and to perform essential job functions. An employer is not obligated to offer an accommodation that creates an undue hardship to the employer's business.