The South Dakota Human Relations Act does not specifically mention the human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) but does prohibit discrimination in employment on the basis of disability (SD Cod. Laws Sec. 20-13-1 et seq.). The Act applies to all employers in the state, including labor unions and employment agencies.
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.
To qualify as a disability under state law, the impairment must be unrelated to the individual's ability to perform the major duties of a particular job or position, or to the individual's qualifications for employment or promotion.