The South Dakota Equal Pay Law prohibits discrimination in wages on the basis of sex for comparable work on jobs with comparable requirements in terms of skill, effort, and responsibility, but not physical strength (SD Cod. Laws Sec. 60-12-15 et seq.).
Permissible reasons for pay differentials include:
• Job descriptive systems
• Executive training programs
The Law also prohibits retaliating against any employee for complaining about an equal pay violation or participating in the investigation or hearing of a complaint under the Law. It is also unlawful for an employer to threaten retaliatory action for the purpose of dissuading an employee from filing a charge, testifying, or giving information about the employer in an action brought under the Law.
A written agreement by an employee to accept less than the full wage paid to employees of the opposite gender for the same work is not legally enforceable.
Coverage. The Law applies to all employers in the state.
The South Dakota Human Relations Act prohibits an employer from discriminating in compensation on the basis of race, color, creed, religion, sex, ancestry, disability, national origin, blindness, or partial blindness (SD Cod. Laws. Sec. 20-13-10 and Sec. 20-13-10.1).