South Dakota Religious Discrimination laws & HR compliance analysis

South Dakota Religious Discrimination: What you need to know

The South Dakota Human Relations Act prohibits discrimination in employment on the basis of religion or creed (SD Cod. Laws Sec. 20-13-1 et seq.). The Act applies to all employers in the state. Under the state law, it is unlawful for an employer to:
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• Refuse to hire a person, to discharge or lay off an employee, to harass, or to treat persons differently in the terms and conditions of employment because of religion or creed.
• Advertise job openings indicating a preference for or excluding a particular religion or creed.
• Aid, compel, or induce another person to discriminate or to conceal unlawful discrimination.
• Retaliate against any person who files a charge of discrimination or testifies, assists, or participates in any way in an investigation, hearing, or any other proceeding conducted under the state law.
Bona fide religious institutions. The law does not apply to bona fide religious institutions with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose (SD Cod. Laws Sec. 20-13-18
Bona fide seniority, merit, or production systems. An employer may apply different standards of compensation and terms of employment under a bona fide seniority or merit system, a system based on the quantity or quality of production, or differences in geographic locations, if the differences are not intended to discriminate based on religion (SD Cod. Laws Sec. 20-13-16).
Employers must attempt to reasonably accommodate the religious beliefs and practices of job applicants and employees unless doing so would create an undue business hardship (SD Admin. Code 20:03:10:01). Reasonable accommodation may mean ...

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