The South Dakota Human Relations Act prohibits discrimination in employment on the basis of national origin or ancestry (SD Cod. Laws Sec. 20-13-1 et seq.). The law applies to all employers in the state. Under the state law, it is unlawful for an employer to:
• Refuse to hire a person, to discharge or lay off an employee, or harass or treat persons differently in the terms and conditions of employment because of ancestry or national origin.
• Advertise job openings indicating a preference for or excluding a particular ancestry or national origin.
• Aid, compel, or induce another person to discriminate or to conceal unlawful discrimination.
• Retaliate against any person who files a charge of discrimination, testifies, assists, or participates in any way in an investigation, hearing, or any other proceeding conducted under the state law.
The guidelines of the South Dakota Department of Commerce and Regulation, Division of Human Rights state that the following practices are unlawful discrimination because of national origin (SD Admin. R. 20:03:11:01):
• The use of tests in the English language or requirements that employees and applicants read, write, or speak English when English is not the person's first language and when English-language skill is not a requirement of the work to be performed
• Denial of equal opportunity to a person married to or associated with a person of a specific national origin or ancestry; because of membership in lawful organizations identified with the interest of national groups; because of attendance at schools or churches commonly attended by persons of a given national origin or ancestry
• Denial of equal opportunity to persons ...