20-13-1. Definitions. Terms used in this chapter mean: (1)”Commission,” the South Dakota State Commission of Human Rights; (2)”Commissioner,” a member of the commission; (3)”Court,” the circuit court in and for the judicial circuit of the State of South Dakota in which the alleged unfair or discriminatory practice occurred; (4)”Disability,” a physical or mental impairment of […]
20-13-1.1. Probable cause defined. For purposes of findings under this chapter, probable cause is defined as a determination that it is more likely than not that the charging party and members of a class, or both, were discriminated against based on a violation of this chapter. The likelihood that discrimination occurred is assessed based upon […]
20-13-10. Unfair or discriminatory practices. It is an unfair or discriminatory practice for any person, because of race, color, creed, religion, sex, ancestry, disability, or national origin, to fail or refuse to hire, to discharge an employee, or to accord adverse or unequal treatment to any person, employee, or intern with respect to application, hiring, […]
20-13-10.1. Blind or partially blind person–Employment discrimination restricted–Civil penalty. No person may refuse to hire a person, discharge an employee, or accord adverse or unequal treatment to any person or employee with respect to the application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, or any term or condition of employment because of their blindness […]
20-13-11. Employment agency’s unfair or discriminatory practices. It is an unfair or discriminatory practice for any employment agency, because of race, color, creed, religion, sex, ancestry, disability, or national origin, to accord adverse or unequal treatment to any person in connection with any application for employment, any referral, or any request for assistance in procurement […]
20-13-12. Labor organization’s unfair or discriminatory practices. It is an unfair or discriminatory practice for any labor organization, because of race, color, creed, religion, sex, ancestry, disability, or national origin, to deny full and equal membership rights to an applicant for membership or to a member; to expel, suspend, or otherwise discipline a member; or […]
20-13-13. Employment advertising deemed unfair or discriminatory. It is an unfair or discriminatory practice for any employer, employment agency, labor organization, or the employees, agents, or members thereof directly or indirectly to advertise or in any other manner indicate or publicize that individuals of any particular race, color, creed, religion, sex, ancestry, disability, or national […]
20-13-14. Requiring security clearance not unfair or discriminatory. Notwithstanding any provision of §§20-13-10 to 20-13-13, inclusive, it shall not be an unfair or discriminatory practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment […]
20-13-15. Use of ability test by employer not unfair or discriminatory. Notwithstanding any provision of §§20-13-10 to 20-13-13, inclusive, it is not an unfair or discriminatory practice for an employer to give and to act upon the results of any professionally developed ability test if such test, its administration or action upon the results is […]
20-13-16. Seniority and merit preferences permitted–Place of work differentials. Notwithstanding any provision of §§20-13-10 to 20-13-13, inclusive, it is not an unfair or discriminatory practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which […]
20-13-17. Sex differentiation permitted when based on seniority, job description, merit or executive training systems. Notwithstanding any provision of §§20-13-10 to 20-13-13, inclusive, it shall not be an unfair or discriminatory practice for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be […]
20-13-17.1. Gender preference for hires at single-sex facility not discriminatory. Nothing in this chapter prevents a school district from considering the sex of an employee in relation to employment duties in a locker room or toilet facility used only by members of one sex. Source: SL 2003, ch 122, §1.
20-13-18. Qualification based on religious purpose not unfair or discriminatory. Sections 20-13-10 to 20-13-13, inclusive, shall not apply to any bona fide religious institution with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. Source: SL 1972, ch 11, §6.
20-13-2. State Commission of Human Rights–Appointment of members–Terms–Vacancies–Removal. The State Commission of Human Rights shall consist of five members appointed by the Governor, no more than three of whom may be from the same political party and two of whom shall, in the opinion of the Governor, be experienced in or have a favorable reputation […]
20-13-2.1. Direction and supervision of commission by Department of Labor and Regulation–Independent functions retained by commission. The Commission of Human Rights shall be administered under the direction and supervision of the Department of Labor and Regulation and the director thereof, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined […]
20-13-20. Unfair or discriminatory housing practices by owner or agent. It is an unfair or discriminatory practice for any owner of rights to housing or real property, or any person acting for an owner, with or without compensation, including any person licensed as a real estate broker or salesman, attorney, auctioneer, agent, or representative by […]
20-13-20.1. Discrimination based on familial status–“Family” defined–Application to housing accommodations. For the purposes of determining discrimination based on familial status, a family is one or more individuals under the age of eighteen who are domiciled with their parent, legal custodian, or person granted custody with permission of the parent or custodian. This definition includes a […]
20-13-20.2. Unfair or discriminatory housing practices based on familial status–Exemptions. The provisions of §20-13-20 as it refers to familial status do not apply to residences publicized as specifically designated for older or disabled residents and if: (1)A state or federal program has designated the residences for the elderly; (2)The residences are intended for and solely […]
20-13-21. Unfair or discriminatory housing practice by financial institution or lender. It is an unfair or discriminatory practice for any person, bank, banking organization, mortgage company, insurance company, or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, or maintenance of any real […]
20-13-21.1. Housing–Modifications on behalf of disabled persons unnecessary–Disabled persons not relieved of obligations. Nothing in this chapter requires any person selling, renting, or leasing property, or any person acting for an owner, with or without compensation, including any person licensed as a real estate broker or salesman, property manager, attorney, auctioneer, agent, or representative by […]
