Title 20, PERSONAL RIGHTS AND OBLIGATIONS

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…

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 …

In case of failure to satisfactorily settle a charge by conference or conciliation, or in advance thereof if circumstances so warrant, the official may issue a written notice together with a copy of the charge, as the same may have been amended, requiring the person, employer, em…

If the investigating official is satisfied that further endeavor to settle a charge by conference or conciliation is futile, the official shall report the same to the Commission of Human Rights. If the commission determines that the circumstances warrant, it shall issue a written…

No later than twenty days after the issuance of notice requiring the respondent to answer the charge, the charging party or the respondent may elect to have the claims asserted in the charge decided in a civil action, in lieu of a hearing, under the provisions of this section. An…

The commission, any commissioner, or any investigator, agent, or hearing examiner appointed by the division is empowered to administer oaths, and take depositions as provided by §§ 1-26-19.1 and 1-26-19.2 . Source: SL 1972, ch 11 , § 5 (4); SL 1973, ch 142 , § 6.

The Commission of Human Rights is not bound by the strict rules of evidence prevailing in courts of law or equity but the right of cross - examination shall be preserved. The charging party bears the burden of proving by a preponderance of the evidence the allegations in his char…

The case in support of the charge may be presented at the hearing by one of the division's attorneys or agents. The investigating official may not participate in the hearing except as a witness nor may he participate in the deliberations of the Commission of Human Rights in the c…

The respondent may file a written verified answer to the charge, and may appear at the hearing in person, with or without counsel, and submit testimony. In the discretion of the hearing examiner, a charging party may be allowed to intervene and present testimony in person or by c…

Members shall receive per diem at the rate provided by law and shall be reimbursed for necessary travel and other expenses incurred while on official commission business. Source: SL 1972, ch 11 , § 3; SL 1973, ch 142 , § 2.

The Division of Human Rights or the charging party may reasonably and fairly amend any charge. The respondent may also amend his answer. Source: SL 1972, ch 11 , § 11 (10); SL 1981, ch 166 , § 16.

When a respondent has failed to answer a charge at a hearing as provided by § 20-13-39 the Commission of Human Rights may enter his default. For good cause shown, the commission may set aside an entry of default within ten days after the date of the entry. If the respondent is in…

If, upon taking into consideration all the evidence at a hearing, the commission finds that a respondent has engaged in, or is engaging in, any discriminatory or unfair practice as defined in this chapter, the commission shall state its findings of fact and shall issue and cause …

If, upon taking into consideration all of the evidence at a hearing, the Commission of Human Rights finds that a respondent has not engaged in such discriminatory or unfair practice, the commission shall state its findings of fact and serve an order dismissing the charge on the c…

All final orders of the Commission of Human Rights shall be concurred in by at least a majority of the total membership of the commission. Source: SL 1972, ch 11 , § 12; SL 1981, ch 166 , § 19.

The commission shall establish rules to govern, expedite, and effectuate the procedures established by this chapter and its own actions thereunder. Source: SL 1972, ch 11 , § 11 (14).

All rules of practice under formal and informal procedures herein provided and all rules and regulations promulgated by the commission shall be in accordance with chapter 1-26 . Source: SL 1972, ch 11 , § 17.

Any charging party or respondent claiming to be aggrieved by a final order of the Commission of Human Rights, including a refusal to issue an order, may obtain judicial review thereof under chapter 1-26 . The commission or party may obtain an order of court for the enforcement of…

The Division of Human Rights shall have the following powers and duties: (1) To appoint and prescribe the duties of such investigators and agents as the division shall deem necessary for the enforcement of this chapter. (2) To hire any secretarial, investigative, or other assista…

The commission may appear in court by its own attorney who shall be subject to the supervision, control, and direction of the attorney general, except that the commission's attorney shall not be subject to the supervision, control, and direction of the attorney general where one …

This chapter shall be construed broadly to effectuate its purposes. Source: SL 1972, ch 11 , § 14.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect the other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end t…

This chapter may be known and may be cited as the "South Dakota Human Relations Act of 1972." Source: SL 1972, ch 11 , § 1.

In reviewing, investigating, or deciding whether an alleged violation of this chapter is antisemitic, the Division of Human Rights must consider the definition of antisemitism. For the purposes of this chapter, the term "antisemitism" has the same meaning as the working definitio…

Terms used in §§ 20-13-58 to 20-13-63 , inclusive, mean: (1) "Changing room," a room or area in which an individual may be in a state of undress in the presence of others, including a multi-occupancy locker room or shower room; (2) "Female," an individual who naturally has, had, …

Except as otherwise provided in this section and §§ 13-32-22 and 13-32-23 , the state or a political subdivision of this state must designate, as being for the exclusive use of females or males, any multi-occupancy changing room, restroom, or sleeping quarters in: (1) A building …

The attorney general shall render such legal assistance and counsel to the commission as may from time to time be required. Source: SL 1972, ch 11 , § 15.

Except as otherwise provided in § 20-13-61 , a male may not enter a changing room or restroom designated exclusively for females. Except as otherwise provided in § 20-13-61 , a female may not enter a changing room or restroom designated exclusively for males. The state or a polit…

The prohibitions set forth in § 20-13-60 do not apply to: (1) An individual who accompanies a child under the age of ten, if the individual is the child's parent or lawful chaperone; (2) An individual who accompanies another individual requiring assistance because of age or a dis…

An individual who encounters a member of the opposite sex in a restroom or changing room while making use of a restroom or changing room designated for use by the individual's sex, has a private cause of action for declaratory and injunctive relief against the state or political …

Neither the state nor a political subdivision of the state is liable to any person for complying with §§ 20-13-58 to 20-13-62 , inclusive. In any lawsuit or complaint filed against the state as a result of compliance with §§ 20-13-58 to 20-13-62 , inclusive, the attorney general …

The Division of Human Rights may investigate and study the existence, character, causes, and extent of discrimination in employment, labor unions, housing accommodations, property rights, education, public accommodations, and public services in this state and attempt to eliminate…

The Division of Human Rights may cooperate with other agencies or organizations, both public and private whose purposes are consistent with those of this chapter, and in the planning and conducting of programs designed to eliminate racial, religious, cultural, and inter - group t…

The Division of Human Rights may receive, administer, dispense, and account for any funds that may be voluntarily contributed to the division and any grants that may be awarded the division for furthering the purposes of this chapter. Source: SL 1972, ch 11 , § 5 (8); SL 1981, ch…

Terms used in this chapter mean: (1) "Accessibility law , " a law that applies to a person with a disability or any federal law that ensures accessibility to websites owned and operated by an entity physically located in the state, services, programs, places of public accommodati…

Prior to filing a civil action alleging violation of an accessibility law, the alleged aggrieved party may notify the owner, agent, or other responsible party of the property where the alleged violation occurred by personal service, in accordance with applicable state or federal …

A notice provided pursuant to § 20-15-2 shall furnish similar information or be in substantially similar form to the following: THIS LETTER IS TO INFORM YOU THAT THE PROPERTY LOCATED AT (address of property), FOR WHICH YOU ARE THE PROPERTY OWNER, AGENT, OR OTHER RESPONSIBLE PARTY…

Within fifteen business days after an alleged aggrieved party serves or sends a notice pursuant to § 20-15-2 , the property owner, agent, or other responsible party of the property where the alleged violation occurred shall respond to the notice by personal service or certified m…

If a property owner, agent, or responsible party of the property where the alleged accessibility law violation occurred responds in the manner described in subdivision 20-15-4 (2), the property owner, agent, or responsible party shall have thirty days to remedy the alleged violat…

In a civil action filed pursuant to § 20-15-5 in which a plaintiff prevails, the plaintiff shall recover reasonable attorney's fees, in addition to any other remedies available to the plaintiff. However, the plaintiff is not entitled to attorney's fees under this section if: (1) …

This section may not be construed to limit actions for recovery of special damages filed by any person who suffers an injury in fact because the person was denied full and equal access to an accommodation as required by federal or state law. This section does not apply to charges…