South Dakota ADA: What you need to know
The South Dakota Human Relations Act prohibits employment practices that discriminate on the basis of disability (SD Cod. Laws Sec. 20-13-1 et seq.). A separate state law prohibits employers from discriminating against applicants or employees on the basis of genetic information (SD Cod. Laws Sec. 60-2-20). Both laws cover all public and private employers, regardless of size.
Public Employers.The South Dakota Discrimination in Public Employment Act prohibits bias against state employees on the basis of physical disability unless the physical requirements of the job constitute a bona fide occupational qualification (SD Cod. Laws Sec. 3-6A-15). "Disability" Defined
Disability. "Disability" is defined as:
- A physical or mental impairment, including impairments resulting from disease, that substantially limits a major life activity,
- A record of having such an impairment, or
- Being regarded as having such an impairment.
The disability must be unrelated to:
- An individual's ability to perform the major duties of a particular job or position, or
- An individual's qualifications for employment or promotion.
Employers must make a "good faith" effort to accommodate applicants and employees with disabilities, unless the accommodation would pose an undue hardship (SD Cod. Laws Sec. 20-13-23.7).
The federal ADA imposes similar obligations on employers, but covers only employers with 15 or more employees.
Federal law compared. Although the ADA has similar provisions as the state law, amendments to the ADA broadened the definition of "disability." In addition, the amendments changed the ADA's definition of a "regarded as" disability. Under the amended ADA, an ...
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More on this topic:
Americans with Disabilities Act (ADA) Considerations
Blind or Partially Blind Persons
Genetic Information Law
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South Dakota ADA Resources
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