South Dakota Aliens and Immigration laws & HR compliance analysis

South Dakota Aliens and Immigration: What you need to know

The South Dakota Human Relations Act prohibits discrimination in employment on the basis of national origin (SD Cod. Laws Sec. 20-13-10).
The Act applies to all employers in the state.
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Practices or policies that discriminate against immigrants legally eligible for employment may constitute national origin discrimination, in violation of the Act.
Preemployment Inquiries. The South Dakota Division of Human Rights Pre-employment Inquiry Guide advises that asking if an applicant is native-born or naturalized, asking an applicant for proof of citizenship, or asking an applicant whether his or her spouse or parents are citizens may be evidence of illegal discrimination. The preferred inquiry is: “Are you legally authorized to work in the United States?”
The South Dakota Division of Human Rights enforces the Human Relations Act. The Division is authorized to initiate, receive, and investigate discrimination complaints; issue subpoenas; hold hearings; issue administrative decisions and orders; and enforce its orders in state court.
A person alleging discrimination may also file a private lawsuit in state court. Remedies can include cease and desist orders, hiring, reinstatement or promotion, back pay, compensatory and punitive damages, legal fees, and civil penalties in cases of willful or repeated violations.
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The federal Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the legal status and right to work of all new hires. To satisfy verification requirements, employers should ask all new hires for documents establishing both identity and work authorization.
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