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.
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.
Current illegal use of or addiction to marijuana or a controlled substance is expressly excluded from the definition of disability.