The South Dakota Human Relations Act prohibits discrimination in employment based on race, color, creed, religion, sex, ancestry, disability, or national origin (SD Cod. Laws Sec. 20-13-1 et seq.). The Act applies to all employers in the state. The Act also prohibits employers from retaliating or discriminating against employees or applicants who file discrimination complaints.
Like the federal law under Title VII of the Civil Rights Act of 1964, state law prohibits an employer from making a decision regarding hiring, promotion, job duties, compensation, or any other condition of employment based on a protected characteristic. Also, as with the federal Americans with Disabilities Act, employers must offer reasonable accommodations to allow individuals with disabilities to participate in the job application process and to perform essential job functions. An employer is not obligated to offer an accommodation that creates an undue hardship to the employer's business.
Under regulations issued by the state Division of Human Rights, employers must treat pregnancy the same way they treat any other temporary disability. Employers are prohibited from firing or refusing to hire a woman because of pregnancy and may not require a pregnant woman to take leave or treat her differently from other employees with temporary disabilities (SD Admin. Rules Sec. 20:03:09:12). Additional information is available.
Employers are prohibited from making rules that forbid or restrict the employment of married women but not married men (SD Admin. Rules Sec. 20:03:09:06).
The guidelines of the South Dakota Department of Commerce and Regulation, Division of ...