The South Dakota Human Relations Act prohibits discrimination in employment on the basis of national origin (SD Cod. Laws Sec. 20-13-10). The Act applies to all employers in the state.
Practices or policies that discriminate against immigrants legally eligible for employment may constitute national origin discrimination, in violation of the Act.
Preemployment Inquiries. The South Dakota Division of Human Rights Pre-employment Inquiry Guide advises that asking if an applicant is native-born or naturalized, asking an applicant for proof of citizenship, or asking an applicant whether his or her spouse or parents are citizens may be evidence of illegal discrimination. The preferred inquiry is: “Are you legally authorized to work in the United States?”