South Dakota ADA: What you need to know

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.

The definition of "disability" is the same under the Human Affairs Law and under the federal Americans with Disabilities Act (ADA). In addition, state law requires the definition to be interpreted in a manner consistent with federal regulations issued pursuant to the ADA, as amended (SC Code Sec. 1-13-30(N ). Under the law, a disability is:

• 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.

Employers must make a "good faith" effort to accommodate applicants and employees with disabilities, unless the accommodation would pose an undue hardship (SD Cod. Laws Sec. 20-13-23.7).

The federal ADA imposes similar obligations on employers, but covers only employers with 15 or more employees.

Current illegal drug use is not considered a disability under ...