Title 20 — PERSONAL RIGHTS AND OBLIGATIONS

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 discrim…

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 o…

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 wit…

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 employ…

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 a…

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 d…

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,…

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 a…

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 not…

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 meri…

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 paid to employees of such employ…

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.

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. 20-13-19. Rep…

20-13-20.1 Discrimination based on familial status--"Family" defined--Application to housing accommodations. 20-13-20.2 Unfair or discriminatory housing practices based on familial status--Exemptions. 20-13-21 Unfair or discriminatory housing practice by financial institution or …

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 for skill, knowled…

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 (…

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 po…

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 inclu…

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 …

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, rehabilita…

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 …

It is an unfair or discriminatory practice to design or construct any multifamily dwellings with more than four units for sale, rent, lease, assignment, sublease, or transfer that do not enable accessibility to ground - floor common areas and usability of ground - floor housing u…

It is an unfair or discriminatory practice for any educational institution: (1) To discriminate in any manner in its full use or in its benefits, or in its services against any individual because of race, color, creed, religion, sex, ancestry, disability, or national origin. (2) …

The provisions of this chapter which prohibit discrimination on the basis of sex do not apply to the programs or activities of the following when conducted for any educational, social, or recreational purpose: (1) Voluntary youth service organizations, the membership of which has…

It shall not be considered an unfair or discriminatory practice for any educational institution to promote or aid in the selection of students to participate in programs or activities exempted by § 20-13-22.1 or for such program or activity to be conducted in public or private ed…

It shall be an unfair or discriminatory practice for any person engaged in the provision of public accommodations because of race, color, creed, religion, sex, ancestry, disability, or national origin, to fail or refuse to provide to any person access to the use of and benefit fr…

Any person with a disability is entitled to reasonably equal accommodations, advantages, facilities, and privileges of all hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the con…

20-13-25 Advertising public accommodations or services--Unfair or discriminatory practices. 20-13-26 Concealing, aiding, compelling, or inducing unlawful discrimination--Threats or reprisals. 20-13-27 Regulations for enforcement of chapter. 20-13-28 Complaints acted upon by divis…

Any person who is totally or partially physically disabled, totally or partially blind, totally or partially deaf, or has a psychiatric disability or mental disability may be accompanied by a service animal, especially trained for the purpose, in any of the places listed in § 20-…

20-13-23.5

No landlord may prohibit by lease or otherwise the keeping of a service animal by a person who is totally or partially physically disabled, totally or partially blind, or totally or partially deaf in an apartment or other rented or leased residential property. A violation of this…

Repealed by SL 1994, ch 160 , § 2 20-13-23.6

20-13-23.8

For purposes of employment, public accommodation, public service, and education or housing, good faith efforts shall be made to reasonably accommodate the disabled person unless the accommodation would impose undue hardship. Source: SL 1986, ch 170 , § 4. 20-13-23.8. Repealed by …

Repealed by SL 1993, ch 169 20-13-23.9

Repealed by SL 1994, ch 160 , § 3 20-13-23.10

It is an unfair or discriminatory practice for any person engaged in the provision of public services, by reason of race, color, creed, religion, sex, ancestry, disability, or national origin, to fail or refuse to provide to any person access to the use of and benefit thereof, or…

It is an unfair or discriminatory practice for any person directly or indirectly to advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, color, creed, religion, sex, ancestry, disability, or national origin is unwelcome, obj…

It is an unfair or discriminatory practice for any person, directly or indirectly; to conceal any unlawful discrimination; to aid, abet, compel, coerce, incite, or induce another person to discriminate; or by any means, trick, artifice, advertisement, or sign, or use any form of …

The commission shall promulgate rules, pursuant to chapter 1-26 , consistent with and necessary for the enforcement of this chapter pertaining to: (1) The administration of the division; (2) Complaints, investigations, findings, answers and hearings, and orders; (3) General commi…

The Division of Human Rights may receive, investigate, and pass upon charges alleging unfair or discriminatory practices. Source: SL 1972, ch 11 , § 5 (2); SL 1978, ch 153 , § 5; SL 1981, ch 166 , § 6.

If the Division of Human Rights determines there is no probable cause to support the allegations of a charge after an investigation of the charge in accordance with § 20-13-28 , the division shall issue an order dismissing the charge. This shall be considered a final agency actio…

Any person claiming to be aggrieved by a discriminatory or unfair practice may file with the Division of Human Rights a verified, written charge which shall state the name and address of the person or agency alleged to have committed the discriminatory or unfair practice. The cha…

A quorum shall consist of three members. The commission shall adopt, amend, or rescind such rules as shall be necessary for the conduct of its meetings. Source: SL 1972, ch 11 , §§ 3, 4; SL 1989, ch 184 , § 1.

Any place of public accommodation, employer, labor organization, or person who has employees or members who refuse to comply with the provisions of this chapter may file with the Division of Human Rights a verified written charge asking the division for assistance to obtain compl…

Any charge filed under this chapter shall be filed within one hundred and eighty days after the alleged discriminatory or unfair practice occurred. Source: SL 1972, ch 11 , § 11 (15); SL 1981, ch 166 , § 9.

After filing a verified charge, a true copy shall be served by registered or certified mail to the person against whom the charge is filed. A commissioner or a duly authorized Division of Human Rights agent shall promptly investigate the charge. If the investigating official dete…

20-13-33

Prior to the issuance of a determination under § 20-13-1.1 , 20-13-28.1 , or 20-13-32 , information and materials regarding a charge of discrimination obtained by an investigating official are confidential. Notwithstanding §§ 1-27-29 to 1-27-32 , inclusive, after the issuance of …

20-13-35 Notice to answer charge after investigating official's report--Time for hearing--Hearing examiner--Right to transfer matter to circuit court. 20-13-35.1 Right to proceed by civil action in lieu of hearing--Forms of relief available. 20-13-36 Administration of oaths--Depo…