reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-10.1 - Blind or partially blind person--Employment discrimination restricted--Civil penalty.

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 or partial blindness unless specific vision requirements constitute demonstrated and bona fide occupational qualifications necessary for effective work performance and that person's blindness or partial blindness is related to the person's ability to perform the duties of a particular job or position. Nothing in this section requires an employer to provide any more than reasonable accommodations for a person's blindness or partial blindness. For the purpose of this section, blindness or partial blindness means legally blind which is 20/200 or less in the better eye with correction or where the field of vision subtends an angle of less than twenty degrees. A violation of this section is punishable by a civil penalty of not more than one thousand dollars.
Source:
SL 1984, ch. 156; SL 1985, ch 15, §34.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-11 - Employment agency's unfair or discriminatory practices.

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 of employees, or to accept any listing of employment on such a basis.
Source:
SL 1972, ch 11, §6(2); SL 1986, ch 170, §8; SL 1991, ch 179, §8.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-12 - Labor organization's unfair or discriminatory practices.

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 to accord adverse, unlawful, or unequal treatment to any person with respect to that person's hiring, apprenticeship, training, tenure, compensation, upgrading, layoff, or any term or condition of employment.
Source:
SL 1972, ch 11, §6(3); SL 1986, ch 170, §9; SL 1991, ch 179, §9.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-13 - Employment advertising deemed unfair or discriminatory.

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 origin are unwelcome, objectionable, not acceptable, or not solicited for employment or membership.
Source:
SL 1972, ch 11, §6(4); SL 1986, ch 170, §10; SL 1991, ch 179, §10.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-14 - Requiring security clearance not unfair or discriminatory.

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 agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if:
(1)The occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any executive order of the President; and
(2)Such individual has not fulfilled or has ceased to fulfill that requirement.
Source:
SL 1972, ch 11, §6 (5).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-15 - Use of ability test by employer not unfair or discriminatory.

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 not designed, intended or used to discriminate because of race, color, creed, religion, sex, ancestry, disability, or national origin.
Source:
SL 1972, ch 11, §6(6); SL 1973, ch 142, §3; SL 1986, ch 170, §11; SL 1991, ch 179, §11.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-16 - Seniority and merit preferences permitted--Place of work differentials.

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 measures earnings by quantity or quality of production or to employees who work in different locations, if such differences are not the result of an intention to discriminate because of race, color, creed, religion, sex, ancestry, disability, or national origin.
Source:
SL 1972, ch 11, §6(6); SL 1973, ch 142, §4; SL 1986, ch 170, §12; SL 1991, ch 179, §12.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-17 - Sex differentiation permitted when based on seniority, job description, merit or executive training systems.

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 paid to employees of such employer if such differentiation is authorized by the provisions of §60-12-16.
Source:
SL 1972, ch 11, §6 (6).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-17.1 - Gender preference for hires at single-sex facility not discriminatory.

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.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-18 - Qualification based on religious purpose not unfair or discriminatory.

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.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-20 - Unfair or discriminatory housing practices by owner or agent.

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 power of attorney or appointment, or to any person acting under court order, deed of trust, or will:
(1)To refuse to sell, rent, lease, assign, sublease, or otherwise transfer any real property or housing accommodation or part, portion, or interest therein, to any person because of the race, color, creed, religion, sex, ancestry, disability, familial status, or national origin of the person or persons intending to reside there;
(2)To discriminate against any person because of that person's race, color, creed, religion, sex, ancestry, disability, familial status, or national origin, in the terms, conditions, or privileges of the sale, rental, lease, assignment, sublease, or other transfer of any real property or housing accommodation or any part, portion, or interest therein;
(3)To directly or indirectly advertise, or to indicate or publicize in any other manner that the purchase, rental, lease, assignment, sublease, or other transfer of any real property or housing accommodation or any part, portion or interest therein, by persons of any particular race, color, creed, religion, sex, ancestry, disability, familial status, or national origin, is unwelcome, objectionable, not acceptable, or not solicited;
(4)To refuse to permit, at the expense of the disabled person, reasonable modifications of existing property that may be necessary to afford full enjoyment of property. The landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the premises to the condition that existed prior to the modification, reasonable wear and tear excepted.
The provisions of subdivisions (1), (2), and (4) do not apply to rooms or units in dwellings that contain living quarters for no more than two families living independently of each other, if the owner maintains and occupies one of the living quarters as the owner's residence.
This section does not apply to dormitory residences maintained by public or private schools, colleges, and universities for the educational benefit and convenience of unmarried students or to dwellings occupied by fraternities or sororities officially recognized by such institutions. Nothing in this statute may be construed to displace federal, state, or local guidelines setting reasonable standards governing maximum numbers of occupants.
Source:
SL 1972, ch 11, §7; SL 1983, ch 167; SL 1986, ch 170, §13; SL 1991, ch 179, §13.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-20.1 - Discrimination based on familial status--"Family" defined--Application to housing accommodations.

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 person who is pregnant or in the process of securing custody of a person under the age of eighteen years. Discrimination based on familial status applies to housing accommodations only.
Source:
SL 1991, ch 179, §6.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-20.2 - Unfair or discriminatory housing practices based on familial status--Exemptions.

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 occupied by persons sixty-two years of age or older; or
(3)Facilities and services for the residents are designed to meet the needs of the elderly and at least eighty percent of the units are occupied or intended to be occupied by one or more persons fifty-five years of age or older.
Source:
SL 1991, ch 179, §14.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-21 - Unfair or discriminatory housing practice by financial institution or lender.

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 property or any agent or employee thereof, to discriminate against any person or group of persons, because of the race, color, creed, religion, sex, ancestry, disability, or national origin of such person or group of persons or of the prospective occupants or tenants of such real property in the granting, withholding, extending, modifying, renewing, or in the rates, terms, conditions or privileges of any such financial assistance or in the extension of services in connection therewith.
Source:
SL 1972, ch 11, §7; SL 1986, ch 170, §15.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-21.1 - Housing--Modifications on behalf of disabled persons unnecessary--Disabled persons not relieved of obligations.

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 power of attorney or appointment, or any person acting under court order, deed of trust, or will, to modify the property in any way, incur any additional expenses or exercise a higher degree of care for a person having a disability than for a person who does not have a disability. Nor does this chapter relieve any person of any obligations generally imposed on all persons, regardless of any disability, in a written lease, rental agreement or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations of the lease, agreement, or contract.
Source:
SL 1986, ch 170, §14; SL 1991, ch 179, §16.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-21.2 - Design or construction of multifamily dwellings--Access to housing units and common areas by disabled persons and wheelchairs--Prior approval of plans not required.

20-13-21.2. Design or construction of multifamily dwellings--Access to housing units and common areas by disabled persons and wheelchairs--Prior approval of plans not required.
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 units by disabled persons or by wheelchairs. If the building has elevators, all housing units and common areas shall be usable by disabled persons and persons in wheelchairs. The accommodations may include widened doors, lowered electrical switches and outlets, lowered environmental controls, grab bars or reinforcements, kitchens and bathrooms usable by the disabled. Nothing in this law may be construed to require prior approval of plans for construction by the Division of Human Rights or the Commission of Human Rights.
Source:
SL 1991, ch 179, §15.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-22 - Educational institutions' unfair or discriminatory practices--Exemptions.

20-13-22. Educational institutions' unfair or discriminatory practices--Exemptions.
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)To include, expel, limit, or otherwise discriminate against any individual seeking admission as a student, or an individual enrolled as a student because of race, color, creed, religion, sex, ancestry, disability, or national origin.
(3)To make or use a written or oral inquiry, or form of application for admission that elicits or attempts to elicit information, or to make or keep a record, concerning the race, color, creed, religion, ancestry, disability, or national origin of an applicant for admission except as may be permitted by regulations of the commission of human rights.
Segregation by sex of athletic activities offered by an educational institution does not constitute discrimination on the basis of sex in violation of this chapter if the opportunity to participate in athletic activities offered by the educational institution is substantially equal for both sexes.
This section does not apply to any bona fide religious institution which has a qualification based on religion if such qualification is related to a bona fide religious purpose.
Source:
SL 1972, ch 11, §8; SL 1973, ch 142, §5; SL 1981, ch 166, §4; SL 1986, ch 170, §16.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-22.1 - Programs and activities exempt when conducted for educational, social, or recreational purposes.

20-13-22.1. Programs and activities exempt when conducted for educational, social, or recreational purposes.
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 been traditionally limited to members of one sex and principally to persons of nineteen years of age or less;
(2)Nationally chartered veterans organizations or any organization, agency, or corporation directly affiliated therewith;
(3)Mother-daughter or father-son activities;
(4)Social fraternities or sororities, the active membership of which consists primarily of students in attendance at institutions of higher education, where living quarters are provided to members;
(5)Any individual officers or members of such organizations or other individuals cooperating therewith in the conduct of such activities or programs as are listed in subdivisions (1) to (4), inclusive.
Source:
SL 1977, ch 183, §1; SL 1989, ch 184, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-22.2 - Selection of students to participate in exempt programs permitted--Conduct of programs.

20-13-22.2. Selection of students to participate in exempt programs permitted--Conduct of programs.
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 educational institutions or public accommodations.
Source:
SL 1977, ch 183, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-23 - Public accommodations--Unfair or discriminatory practices.

20-13-23. Public accommodations--Unfair or discriminatory practices.
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 from the services and facilities of such public accommodations; or to accord adverse, unlawful, or unequal treatment to any person with respect to the availability of such services and facilities, the price or other consideration therefor, the scope and equality thereof, or the terms and conditions under which the same are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation, and repair.
Source:
SL 1972, ch 11, §9(1); SL 1986, ch 170, §17.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-23.1 - Right of disabled persons to equal treatment in public accommodations.

20-13-23.1. Right of disabled persons to equal treatment in public accommodations.
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 conditions and limitations established by law and applicable alike to all persons.
Source:
SL 1976, ch 153, §1; SL 1986, ch 170, §18.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-23.2 - Disability--Service Animal--Liability--Violation as misdemeanor.

20-13-23.2. Disability--Service Animal--Liability--Violation as misdemeanor.
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 §20-13-23.1 without being required to pay an extra charge for the service animal.
A service animal trainer may be accompanied by a service animal in training wearing a collar and leash, harness, or cape that identifies the animal as a service animal in training, in any of the places listed in §20-13-23.1 subject to any conditions and limitations established by law and applicable to service animals, without being required to pay an extra charge for the service animal in training.
However, the person with a disability or a service animal trainer is liable for any damage done to the premises or facilities by the service animal or service animal in training. Failure of any owner or employee of a place listed in §20-13-23.1 to comply with the provisions of this section is a Class 2 misdemeanor.
Source:
SL 1976, ch 153, §2; SL 1980, ch 172, §1; SL 1994, ch 160, §1; SL 1995, ch 118, §1; SL 2020, ch 71, § 1.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-23.4 - Right to keep guide dog in rented or leased residence--Violation as misdemeanor.

20-13-23.4. Right to keep guide dog in rented or leased residence--Violation as misdemeanor.
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 section is a Class 2 misdemeanor.
Source:
SDCL, §20-13-23.2 as added by SL 1980, ch 172, §1; SL 1994, ch 160, §4; SL 1995, ch 118, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-23.7 - Good faith efforts made to accommodate disabled persons.

20-13-23.7. Good faith efforts made to accommodate disabled persons.
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.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-24 - Public services--Unfair or discriminatory practices.

20-13-24. Public services--Unfair or discriminatory practices.
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 to provide adverse or unequal treatment to any person in connection therewith.
Source:
SL 1972, ch 11, §9(2); SL 1986, ch 170, §20.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-25 - Advertising public accommodations or services--Unfair or discriminatory practices.

20-13-25. Advertising public accommodations or services--Unfair or discriminatory practices.
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, objectionable, not acceptable, or not solicited.
Source:
SL 1972, ch 11, §9(3); SL 1986, ch 170, §21.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-26 - Concealing, aiding, compelling, or inducing unlawful discrimination--Threats or reprisals.

20-13-26. Concealing, aiding, compelling, or inducing unlawful discrimination--Threats or reprisals.
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 application, or make any record or inquiry, or device whatsoever to bring about or facilitate discrimination; or to engage in or threaten to engage in any reprisal, economic or otherwise, against any person by reason of the latter's filing a charge, testifying or assisting in the observance and support of the purposes and provisions of this chapter.
Source:
SL 1972, ch 11, §10; SL 1981, ch 166, §5.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-27 - Regulations for enforcement of chapter.

20-13-27. Regulations for enforcement of chapter.
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 commission policies;
(4)Tests in employee selection; and
(5)Discrimination based upon sex, race, religion or creed, origin, ancestry, familial status, or disability.
Source:
SL 1972, ch 11, §5(7); SL 1986, ch 22, §19; SL 1989, ch 185; SL 1991, ch 179, §17.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-28 - Complaints acted upon by division.

20-13-28. Complaints acted upon by division.
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.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-28.1 - Dismissal of charge if investigation shows no probable cause.

20-13-28.1. Dismissal of charge if investigation shows no probable cause.
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 action for purposes of appeal under chapter 1-26.
Source:
SL 1989, ch 184, §3.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-29 - Charge filed with division--Requirements--Contents--Public officials may file charge.

20-13-29. Charge filed with division--Requirements--Contents--Public officials may file charge.
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 charge shall set forth the facts upon which it is based, and shall contain any other information required by the division. The Commission of Human Rights, a commissioner, a state's attorney, or the attorney general may file a charge.
Source:
SL 1972, ch 11, §11 (1); SL 1978, ch 153, §6; SL 1981, ch 166, §7.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-30 - Charge by employer or organization against employees or members.

20-13-30. Charge by employer or organization against employees or members.
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 compliance by conciliation or other remedial action.
Source:
SL 1972, ch 11, §11 (2); SL 1978, ch 153, §7; SL 1981, ch 166, §8.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-31 - Time for filing charge.

20-13-31. Time for filing charge.
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.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-32 - Service of charge--Investigation--Conference or conciliation to eliminate practice.

20-13-32. Service of charge--Investigation--Conference or conciliation to eliminate practice.
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 determines that probable cause exists to support the allegations of the charge, the investigating official shall immediately endeavor to eliminate the discriminatory or unfair practice by conference or conciliation.
Source:
SL 1972, ch 11, §11 (3); SL 1981, ch 166, §10; SL 1987, ch 29, §25.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-32.2 - Investigative materials confidential--Access to material by parties following determination.

20-13-32.2. Investigative materials confidential--Access to material by parties following determination.
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 a determination and upon receipt of a written request and payment of costs for copying, all investigatory materials may be disclosed to the parties or their counsel of record.
Source:
SL 2002, ch 98, §1; SL 2004, ch 144, §1.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-34 - Notice to respondent to answer charge--Time for answer.

20-13-34. Notice to respondent to answer charge--Time for answer.
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, employment agency, or labor organization named in the charge, hereafter referred to as respondent, to answer the charge in writing within ten days after the date of the notice or within extended time the investigating official may allow.
Source:
SL 1972, ch 11, §11 (5); SL 1981, ch 166, §11.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 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. Notice to answer charge after investigating official's report--Time for hearing--Hearing examiner--Right to transfer matter to circuit court.
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 notice requiring the respondent to answer the charge at a hearing to be set within a reasonable period of time before the commission, a commissioner, or any other person designated by the commission to conduct the hearing, hereinafter referred to as hearing examiner, and at a time and place to be specified in the notice. The notice shall include a statement informing the parties of their right to transfer the matter to circuit court as provided in §20-13-35.1.
Source:
SL 1972, ch 11, §11 (6); SL 1981, ch 166, §12; SL 1991, ch 179, §18.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-35.1 - Right to proceed by civil action in lieu of hearing--Forms of relief available.

20-13-35.1. Right to proceed by civil action in lieu of hearing--Forms of relief available.
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. Any civil action shall be filed within one year of such election. Upon receipt of notice of election, the Division of Human Rights or the Commission of Human Rights has no further jurisdiction over the parties concerning the charge filed. The Division of Human Rights or the Commission of Human Rights shall notify the parties in writing of the election and of the one year limitation period in which to file a civil action. The limitation period in which to file a civil action begins on the date of the notice of election. In a civil action, if the court or jury finds that an unfair or discriminatory practice has occurred, it may award the charging party compensatory damages. The court may grant as relief any injunctive order, including affirmative action, to effectuate the purpose of this chapter. Punitive damages may be awarded under §21-3-2 for a violation of §§20-13-20 to 20-13-21.2, inclusive, 20-13-23.4, 20-13-23.7, or 20-13-26. Attorneys' fees and costs may be awarded to the prevailing party for housing matters.
Source:
SL 1991, ch 179, §20; SL 2004, ch 144, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-36 - Administration of oaths--Depositions.

20-13-36. Administration of oaths--Depositions.
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.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-37 - Evidence rules inapplicable at hearings--Cross-examination--Burden of proof--Preservation of testimony.

20-13-37. Evidence rules inapplicable at hearings--Cross-examination--Burden of proof--Preservation of testimony.
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 charge. The testimony taken at a hearing shall be under oath, electronically recorded, or stenographically reported, or both by a commission agent, and transcribed, if ordered by the commission.
Source:
SL 1972, ch 11, §11 (11); SL 1975, ch 166, §1; SL 1981, ch 166, §13.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-38 - Presentation of case--Investigating official's participation limited.

20-13-38. Presentation of case--Investigating official's participation limited.
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 case.
Source:
SL 1972, ch 11, §11 (7); SL 1978, ch 153, §8; SL 1979, ch 156; SL 1981, ch 166, §14.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-39 - Respondent's answer and appearance at hearing--Charging party's intervention.

20-13-39. Respondent's answer and appearance at hearing--Charging party's intervention.
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 counsel.
Source:
SL 1972, ch 11, §11 (8); SL 1981, ch 166, §15.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-40 - Amendment of charge or answer.

20-13-40. Amendment of charge or answer.
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.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-41 - Proceedings on default by respondent.

20-13-41. Proceedings on default by respondent.
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 default, the commission may proceed to hear testimony adduced upon behalf of the charging party. After hearing testimony, the commission may enter any order the evidence warrants.
Source:
SL 1972, ch 11, §11 (9); SL 1981, ch 166, §17.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-42 - Finding of discriminatory or unfair practice--Cease and desist order--Affirmative action required.

20-13-42. Finding of discriminatory or unfair practice--Cease and desist order--Affirmative action required.
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 to be served upon such respondent an order requiring such respondent to cease and desist from such discriminatory or unfair practice and to take such affirmative action, including hiring, reinstatement, or upgrading of employees, with or without back pay; the referring of applicants for employment by any respondent employment agency; the admittance or restoration to membership by any respondent labor organization; the admission to or continuation in enrollment in an apprenticeship program or on-the-job training program; the posting of notices; the making of reports as to the manner of compliance; compensation incidental to the violation, other than pain and suffering, punitive, or consequential damages; costs allowable under chapter 15-17; any other appropriate relief; and reasonable attorneys' fees for housing matters, as in the judgment of the commission effectuates the purposes of this chapter.
Source:
SL 1972, ch 11, §11 (12); SL 1991, ch 179, §19.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-43 - Finding of no discriminatory or unfair practice--Dismissal of charge.

20-13-43. Finding of no discriminatory or unfair practice--Dismissal of charge.
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 charging party and the respondent.
Source:
SL 1972, ch 11, §11 (13); SL 1981, ch 166, §18.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-44 - Majority of commission required for final orders.

20-13-44. Majority of commission required for final orders.
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.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-45 - Procedural rules.

20-13-45. Procedural rules.
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).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-46 - Rules governed by general law on administrative rules.

20-13-46. Rules governed by general law on administrative rules.
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.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-47 - Judicial review of commission--court order for enforcement of order.

20-13-47. Judicial review of commission--court order for enforcement of order.
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 commission orders in a proceeding as provided under chapter 21-34. The court may allow the prevailing party reasonable attorneys' fees and costs against the respondent. The court also may assess a civil penalty against the respondent in an amount not to exceed ten thousand dollars for willful or repeated violations or refusal to comply with an order of the commission.
Source:
SL 1972, ch 11, §13 (1); SL 1981, ch 166, §20; SL 1989, ch 184, §4; SL 1991, ch 179, §§21, 22.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-52 - Commission's appearance by attorney--Supervision--Exception in action against governmental agency.

20-13-52. Commission's appearance by attorney--Supervision--Exception in action against governmental agency.
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 of the parties to the court action is a political subdivision or agency of the State of South Dakota and that political subdivision or agency is represented by the attorney general.
Source:
SL 1972, ch 11, §13 (5); SL 1973, ch 142, §8.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-55 - Severability of provisions.

20-13-55. Severability of provisions.
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 the provisions of this chapter are severable.
Source:
SL 1972, ch 11, §18.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 15 - Accessibility Law Violations › Section 20-15-1 - Definitions.

20-15-1  .  Definitions.
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 accommodation, public conveyance and modes of transportation, streets, highways, sidewalks, walkways, buildings, medical facilities, and other public places for a person with a disability. The term does not mean any discrimination relating to housing discrimination issues or actions;
(2) "Business day," a day of the week excluding Sunday and a legal holiday.
Source:  SL 2020, ch 72, § 1.