The South Dakota Human Relations Act prohibits discrimination in employment on the basis of race or color (SD Cod. Laws Sec. 20-13-1 et seq.). The Act 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, harass or treat persons differently in the terms and conditions of employment because of race or color.
• Advertise job openings indicating a preference for or excluding a particular race or color.
• 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.
It is not unlawful for an employer to require security clearances for certain jobs. Employers may also apply different standards of compensation or different terms and conditions of employment if based on a bona fide seniority or merit system, or a system that measures earnings by quantity or quality of production, or to employees who work in different locations, as long as the differences are not the result of an intention to unlawfully discriminate (SD Cod. Laws Sec. 20-13-16).