reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:01 - Administration › Section 20:03:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL  20-13-1, the South Dakota Human Relations Act of 1972, have the same meanings in this article. In addition, terms used in this article mean:
(1) "Respondent," the person against whom a charge is made;
(2) "Charging party," the person filing a charge;
(3) "Investigating official," the person investigating the charge;
(4) "Duly authorized agent," any person specially designated by the commission or the director of human rights;
(5) "Act", the South Dakota Human Relations Act of 1972.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-1,  20-13-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:01 - Administration › Section 20:03:01:02 - Submission of information

Current through Register Vol. 51, page 10, July 15, 2024
If information received by a commissioner or the division discloses that a person is entitled to file a charge, the commissioner or the division shall assist that person in filing. A member of the commission, a state's attorney, or the attorney general may file a charge verified according to the best of his/her knowledge, information, and belief. Those commissioners who are involved in initiating a charge under this section shall not participate in any further proceeding concerning that charge except as authorized by SDCL 1-26.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:01 - Administration › Section 20:03:01:03 - Nondisclosure

Current through Register Vol. 51, page 10, July 15, 2024
Information and charges forwarded to the division of human rights by the United States equal employment opportunity commission shall not be disclosed under the following circumstances:
(1) Pursuant to Section 709(d) of Title VII of the Civil Rights Act of 1964 as amended, EEOC reports filed by employers, employment agencies, and labor organizations and furnished to the division by the equal employment opportunity commission shall not be made public by the division prior to the institution of a public hearing;
(2) Pursuant to section 709(e) of Title VII of the Civil Rights Act of 1964, any investigative information obtained by the EEOC and forwarded to the division shall not be made public prior to the filing of a suit under Title VII;
(3) Pursuant to Section 706(b)(c) of Title VII of the Civil Rights Act of 1964 and SDCL  20-13-8 the division may accept charges filed with the EEOC and forwarded to the division. In all charges forwarded by the EEOC the division shall not make public the filing of the charge nor anything said or done during informal proceedings of conference, conciliation, and persuasion without the written consent of the parties and the EEOC.
General Authority:
SDCL  20-13-27.
Law Implemented:
SL 1977, ch 184.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:01 - Administration › Section 20:03:01:04 - Issuance, amendment, or repeal of rules

Current through Register Vol. 51, page 10, July 15, 2024
Any interested person petitioning the commission for the issuance, amendment, or repeal of any rule or regulation shall file an original and nine legibly duplicated (not carbon) copies of the petition with the division in Pierre, South Dakota.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-27,  20-13-45,  20-13-46.
Commission Note:
Portions of this rule have been superseded by SDCL  1-26-13 which provides a statutory procedure to use for petitioning an agency for amendments to its rules.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:01 - Administration › Section 20:03:01:05 - Declaratory rules

Current through Register Vol. 51, page 10, July 15, 2024
Any interested person may petition the commission, in writing, for the issuance of a declaratory ruling as to the applicability of any statutory provision or any rule or order of the commission. An original and nine legibly duplicated (not carbon) copies of the petition shall be filed with the division in Pierre, South Dakota. The petition shall state the factual situation and the statute, rule, or order, to which the situation applies, together with a statement of the grounds in support of and in opposition to the petitioner's position.
Upon the filing of the petition, the commission shall consider and dispose of the petition within 30 days after its next meeting by issuing a ruling. If the commission determines after a review of the petition and any supporting argument or information that there exists any question of fact, the petition shall be referred to the division for processing as a charge. If the commission determines after such a review that there exists no genuine fact, it shall issue a ruling either granting or denying the petition in whole or in part or make other disposition of the petition. Prompt notice of any action taken shall be given to the petitioner.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-15,  20-13-27,  20-13-45,  20-13-46.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:02 - Charges › Section 20:03:02:01 - Charge by aggrieved person, by organization against employees or members, or by public official

Current through Register Vol. 51, page 10, July 15, 2024
A charge shall be considered filed when received by the division of human rights, a commissioner, or by any duly authorized agent of the division.
The charge shall be in writing and signed and shall be verified. Forms for charges shall be made available to all persons from the division of human rights in Pierre, South Dakota, or from any member of the commission.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:02 - Charges › Section 20:03:02:02 - Withdrawal of charge

Current through Register Vol. 51, page 10, July 15, 2024
A charge filed by an aggrieved person or by an organization may be withdrawn only upon written request of the charging party and only with the consent of the division or its duly authorized agent.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:02 - Charges › Section 20:03:02:03 - Contents - Amendment

Current through Register Vol. 51, page 10, July 15, 2024
Each charge shall contain the following:
(1) The full name, address, and telephone number of the person making the charge;
(2) A clear and concise statement of the facts, including pertinent dates, constituting the alleged unfair or discriminatory practice.
Notwithstanding the provisions of subdivisions (1) and (2) of this section, a charge is sufficient when the division receives from the person aggrieved a written statement sufficiently precise to identify the parties and to describe generally the action or practices complained of. A charge may be amended to cure technical defects or omissions, including failure to swear to the charge; to clarify or amplify allegations made in the charge; to add, remove, or change a party; or if the purposes of the Act will be served by amendment, and such amendments shall relate back to the original filing date. All such amended charges shall be served immediately upon the respondent after receipt. However, an amendment alleging additional acts constituting unfair or discriminatory practices not directly related to or growing out of the subject matter of the original charge may be permitted only where at the date of the amendment the allegation could have been timely filed as a separate charge.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-29,  20-13-31.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:02 - Charges › Section 20:03:02:04 - Charge forwarded by the United States equal employment opportunity commission

Current through Register Vol. 51, page 10, July 15, 2024
The division may accept charges of unlawful employment discrimination filed within 180 days of the alleged discriminatory act with the United States equal employment opportunity commission and transmitted by registered mail by the United States equal employment opportunity commission to the division, as long as such charges allege an unfair or discriminatory practice within the meaning of SDCL 20-13, are under the jurisdiction of the Act, are filed within 180 days of the alleged discriminatory act with the division, and otherwise comply with SDCL 20-13. Receipt of the charge in the office of the equal employment opportunity commission shall constitute the filing of the charge with the division of human rights.
General Authority:
SDCL 20-13-27.
Law Implemented:
SDCL 20-13-8, 20-13-29, 20-13-31; 42 U.S.C. 2000e-5(c).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:03 - Investigation › Section 20:03:03:01 - Investigation of charge

Current through Register Vol. 51, page 10, July 15, 2024
During the course of the investigation, the division may utilize the services of federal, state and local agencies which are charged with the administration of comparable human relations laws or ordinances. The division reserves all right to process charges under the Act.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-8,  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:03 - Investigation › Section 20:03:03:02 - Documentary evidence to be produced by respondent

Current through Register Vol. 51, page 10, July 15, 2024
Whenever possible the investigating official shall obtain documentary evidence and statements from parties and witnesses by voluntary compliance. If there is noncompliance with any such request or if, in the opinion of the investigating official, the situation warrants it, the director of the division or any commissioner may subpoena parties and witnesses to appear and give testimony and to produce any records, books, papers, and documents; may require written interrogatories of parties; and may utilize any other discovery procedure authorized by South Dakota laws governing discovery in a civil proceeding. If written interrogatories are requested, they shall be completed and returned within the time frame established in SDCL 15-6-33(a), (b) and (c). For good cause, the investigating official may grant an extension of time for the completion and return. Since this investigation is conducted pursuant to SDCL  20-13-32 and for the purpose of determining whether probable cause exists, notice of discovery proceedings to parties is not required.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32.
Civil procedure -- Discovery, SDCL 15-6-26 to 15-6-37, inclusive.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:03 - Investigation › Section 20:03:03:03 - Charging party's responsibility during investigation

Current through Register Vol. 51, page 10, July 15, 2024
The charging party shall keep the division advised in writing of the charging party's current address and telephone number while the charge is pending. If a charging party fails to comply with this requirement, the division may terminate any proceedings related to that charge by sending a letter of intent to terminate to the charging party's last known address by certified or registered mail 30 days prior to termination.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-45.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:04 - Findings › Section 20:03:04:01 - Dismissal of charge

Current through Register Vol. 51, page 10, July 15, 2024
If the allegations of a charge on its face or as amplified by the statements of the charging party to the investigating official disclose that the charge is not timely filed or when the subject falls outside the jurisdiction of the Act or otherwise fails to state a valid claim for relief under SDCL 20-13, the investigating official shall issue an order dismissing the charge without further investigation. The charging party and the respondent, if the charge has been served, shall be notified in writing of the disposition of the charge together with the reasons for dismissal.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-29,  20-13-31,  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:04 - Findings › Section 20:03:04:01.01 - Dismissal of charge filed with EEOC

Current through Register Vol. 51, page 10, July 15, 2024
If a charge filed with the commission is also filed with the Equal Employment Opportunity Commission (EEOC), the investigating official shall enter an order dismissing the charge without any further investigation after receiving notice from the EEOC that it has issued a right to sue to the charging party. Notice may be in the form of a copy of the EEOC right to sue or other forms of EEOC notice which are verified with the charging party. The order must state the reason for the dismissal and must be served on the charging party and the respondent.
General Authority:
SDCL  20-13-27(2).
Law Implemented:
SDCL  20-13-45.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:04 - Findings › Section 20:03:04:02 - Finding of no probable cause

Current through Register Vol. 51, page 10, July 15, 2024
If the investigating official, based upon the investigation, determines that there is not probable cause to support the allegations of a charge, the investigating official shall issue an order dismissing the charge, accompanied by a statement of the underlying facts supporting such a decision and serve both on the charging party and respondent. This finding shall be considered a final agency action for the purpose of appeal to the circuit court.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32,  20-13-43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:04 - Findings › Section 20:03:04:03 - Finding of probable cause, conference, and conciliation

Current through Register Vol. 51, page 10, July 15, 2024
Both the charging party and the respondent shall be notified in writing of the finding of probable cause and the respondent shall be invited to participate in a conciliation conference for the purpose of attempting to resolve the matter informally. The respondent shall be given reasonable notice of the time and place of the conciliation conference. If the investigating official conducting the conciliation conference determines that the charging party should be present, he or she shall also be given reasonable notice of the time and place of the conciliation conference. The conciliation session shall be devoted solely to the terms of the conciliation agreement.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:04 - Findings › Section 20:03:04:04 - Failure of charging party or respondent to participate in conciliation

Current through Register Vol. 51, page 10, July 15, 2024
If the charging party is directed to appear at the conciliation conference and fails or refuses to appear or participate for no good cause, the investigating official may dismiss the charge. If the respondent fails or refuses to appear or participate in the conciliation conference, the investigating official may take those steps authorized by SDCL  20-13-34 and  20-13-35.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:04 - Findings › Section 20:03:04:05 - Conciliation agreement

Current through Register Vol. 51, page 10, July 15, 2024
In conciliating a case in which a determination of probable cause has been made, the investigating official shall attempt to achieve a just resolution and to obtain assurances that the respondent will eliminate the unfair or discriminatory practice and take appropriate affirmative action. Disposition of a case pursuant to this section shall be in writing. The written agreement shall be signed by the charging party, the respondent, and the investigating official. A notice of settlement, together with a copy of the written agreement, shall be sent to the parties. Proof of compliance with SDCL 20-13 must be obtained by the investigating official before the case is closed.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:04 - Findings › Section 20:03:04:06 - Violation of conciliation agreement

Current through Register Vol. 51, page 10, July 15, 2024
If the division determines that the respondent has violated or is violating the terms of settlement and adjustment, the division may seek enforcement according to the terms of the agreement.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:04 - Findings › Section 20:03:04:07 - Termination of proceedings without the consent of charging party

Current through Register Vol. 51, page 10, July 15, 2024
The investigating official may, without the consent of the charging party, close the case, if, in the official's opinion, a written agreement signed by the respondent and the investigating official provides for the elimination of the unfair or discriminatory practice, the elimination of the effects of the unfair or discriminatory practice with respect to the charging party, and appropriate affirmative action effectuating the purpose of the Act.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:04 - Findings › Section 20:03:04:08 - Conciliation agreement not approved by the division

Current through Register Vol. 51, page 10, July 15, 2024
If the terms of settlement and adjustment agreed to by the parties are not approved by the investigating official, the investigating official need not sign the written agreement and may close the case as having been settled on terms not approved by the investigating official. If this occurs, the division need not take any action if there is a violation of the terms of settlement and adjustment.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:04 - Findings › Section 20:03:04:09 - Settlement without finding

Current through Register Vol. 51, page 10, July 15, 2024
As an alternative to performing a full investigation, the investigating official may attempt to resolve a charge without establishing fault. The resolution must be agreed to by all parties.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:01 - Scheduling charge for hearing

Current through Register Vol. 51, page 10, July 15, 2024
The investigating official shall report to the commission when further effort to settle a charge is futile, and the official shall give the commissioners copies of the original and any amended charges and the respondent's written answer submitted pursuant to SDCL  20-13-34. If no answer is received, the official shall include a certified mail receipt for a notice sent to the respondent requesting such an answer. After reviewing the investigating official's report and the charges and answers, the commission shall schedule the matter for a public hearing. The commission may not review the investigating official's file or ask substantive questions about the investigation prior to the hearing, except as necessary to rule on prehearing motions filed by the parties.
General Authority:
SDCL  20-13-27(2)
Law Implemented:
SDCL  20-13-35,  20-13-45.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:01.01 - Parties' right to discovery

Current through Register Vol. 51, page 10, July 15, 2024
At any time after notice to answer the parties may use the discovery proceedings available under the Administrative Procedures Act, SDCL chapter 1-26, and the Civil Rules Procedure in SDCL chapter 15-6. The investigating official shall obtain an authorization to disclose under SDCL  1-27-31(2)  from the parties to allow the disclosure of the investigative file and shall provide copies to the parties and their counsel of record for the limited purpose of conducting the hearing.
General Authority:
SDCL  20-13-27(2).
Law Implemented:
SDCL  20-13-35,  20-13-36,  20-13-45.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:01.02 - Investigating official's report

Current through Register Vol. 51, page 10, July 15, 2024
The investigating official's report shall include the name of the parties; the type of unfair or discriminatory practice alleged (e.g., employment discrimination on the basis of race, public accommodation discrimination on the basis of disability); the fact that the investigating official made a probable cause determination; and a statement that further effort to settle the charge is futile.
General Authority:
SDCL  20-13-27(2).
Law Implemented:
SDCL  20-13-35,  20-13-45.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:02 - Contents of answer - Construed effect of omissions

Current through Register Vol. 51, page 10, July 15, 2024
The original answer shall be in writing, with the original signed under oath or affirmation by the respondent or the respondent's attorney, and shall contain the following:
(1) The correct name and post office address of the respondent;
(2) The correct name, post office address, and telephone number of the respondent's attorney, if respondent is represented by an attorney; and
(3) One of the following:
(a) A specific denial or admission of each allegation of the charge;
(b) A denial of any knowledge or information sufficient to form a belief; or
(c) A statement of any matter constituting a defense against any allegation in the charge.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:02.01 - Further pleadings by the parties and admissions

Current through Register Vol. 51, page 10, July 15, 2024
Further pleadings by the parties shall not be made unless the commission chair or the hearing examiner orders them for purposes of clarification of the issues. No admissions may be construed from lack of response. Any allegation in the charge which is not denied or admitted in the answer, unless the respondent states in the answer that he or she is without knowledge or information sufficient to form a belief, shall be deemed admitted.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-34,  20-13-45.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:03 - Service of answer

Current through Register Vol. 51, page 10, July 15, 2024
One copy of the answer shall be served on all parties, the members of the commission, and the division by personal delivery or by certified or registered mail. An affidavit of mailing or service, copies of the receipts for delivery by certified or registered mail, an admission of service, or other competent evidence shall suffice as proof of service which shall be supplied to the investigating official at the time of the filing or within 10 days after the filing of the answer.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-34.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:04 - Notice to answer charge at hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the matter is scheduled for hearing under §
									20:03:05:01, all parties shall be given prompt notice of the hearing. In addition to notice requirements provided by SDCL 1-26, the notice shall also contain the following:
(1) The name of the hearing examiner who will conduct such hearing if one has been designated;
(2) A statement advising both the charging party and the respondent of each party's right to be present and to be represented at the hearing in person, by an attorney, or both; and
(3) A statement advising the respondent of his or her right to file an answer to the charge in accordance with §
									20:03:05:01  unless the answer was filed prior to the notice.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-17,  20-13-35.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:05 - Amendment of charge or answer after hearing scheduled

Current through Register Vol. 51, page 10, July 15, 2024
At any time before the close of the hearing, the charging party may, by written request to the commission or to the hearing examiner, ask permission to amend the charge. The request shall specify the particular amendments to the charge requested by the charging party and shall be served at the same time on all parties to the proceedings. Requests to amend shall be granted unless substantial harm to the respondent can be shown.
At any time before the close of the hearing, the respondent may amend the answer to the original or amended charge. Copies of the respondent's request to amend and the particular amendments requested shall be served at the same time on all parties to the proceedings. Such requests shall be granted unless substantial harm to the charging party can be shown.
Amended charges and amended answers shall conform to the requirements for charges and answers set forth in this chapter.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-40.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:06 - Consolidated hearing

Current through Register Vol. 51, page 10, July 15, 2024
Two or more proceedings against the same respondent arising out of the same set of circumstances or two or more proceedings by the same charging party against two or more respondents arising out of the same set of circumstances may be consolidated by the commission or the hearing examiner, in their discretion, for the purposes of hearing.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-40.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:07 - Conduct of hearings

Current through Register Vol. 51, page 10, July 15, 2024
The hearing shall be conducted by the commission or a hearing examiner designated by the commission.
All testimony taken at the hearing shall be under oath or affirmation.
The commission or the hearing examiner shall arrange for electronic recording or stenographic reporting, or both, of the proceedings of all hearings to be made by a commission agent. If ordered by the commission or the hearing examiner, the record of the hearing shall be transcribed.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-26,  20-13-36,  20-13-37,  20-13-38,  20-13-39,  20-13-41.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:08 - Settlement prior to recommended order and decision

Current through Register Vol. 51, page 10, July 15, 2024
If, after issuance and service of a written notice of hearing but before the close of the hearing, the charging party and the respondent jointly notify the commission or the hearing examiner in writing that they have agreed to terms of settlement and adjustment, all of which are set forth in detail in the joint notification, the commission or the hearing examiner may order the scheduled hearing date postponed or the hearing recessed if it is already in progress.
If the terms of settlement and adjustment agreed to by the parties are approved by the commission or the hearing examiner, the commission or the hearing examiner shall have the terms of settlement and adjustment prepared in writing and signed by the parties and by the commission or the hearing examiner. The written agreement has the same status and effect as the executed written terms of settlement and adjustment under §§
									20:03:04:05  and 20:03:04:06.
If the terms of settlement and adjustment agreed to by the parties are not approved by the commission, it need not sign the written agreement and may close the case as having been settled on terms not approved by them. If this occurs, the commission need not seek enforcement if there is a violation of the terms of settlement and adjustment.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:05 - Answers and hearings › Section 20:03:05:09 - Representation at hearings

Current through Register Vol. 51, page 10, July 15, 2024
At hearings held before the commission, a commissioner, or a hearing examiner, representation shall be by individuals on their own behalf, by attorneys or other agents of the division, or by attorneys licensed to practice law in South Dakota. Out-of-state attorneys appearing at a human rights hearing shall be introduced by an attorney licensed to practice law in South Dakota who must be present at all phases of the proceedings before the commission.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:06 - Orders › Section 20:03:06:01 - Order and decision when commission conducts the hearing

Current through Register Vol. 51, page 10, July 15, 2024
In hearings before the commission, after the taking of testimony, the hearing of oral argument, and the consideration of all the evidence, the commission may request each party to submit written proposed findings of fact, conclusions of law, and order.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-35,  20-13-42,  20-13-43,  20-13-44.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:06 - Orders › Section 20:03:06:02 - Order and decision when hearing examiner conducts the hearing

Current through Register Vol. 51, page 10, July 15, 2024
In hearings conducted by a hearing examiner, after the taking of testimony, the hearing of oral argument, and the consideration of all the evidence, the hearing examiner may request each party to submit written proposed findings of fact, conclusions of law, and order.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL 1-26-18.1,  20-13-35,  20-13-42,  20-13-43.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:07 - General commission policies › Section 20:03:07:01 - Purpose of regulations

Current through Register Vol. 51, page 10, July 15, 2024
Chapters 20:03:07 to 20:03:11, inclusive, are interpretations by the commission of the South Dakota Human Relations Act of 1972, SDCL 20-13, as it covers employment. These rules will be used to determine the commission's treatment of individual employment cases as they arise.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-1(7),  20-13-7,  20-13-28.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:07 - General commission policies › Section 20:03:07:02 - Protected class defined

Current through Register Vol. 51, page 10, July 15, 2024
The term "protected class" as used in chapters 20:03:07 to 20:03:11, inclusive, means a class of persons of the same race, color, creed, religion, sex, national origin, disability, or ancestry.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-1(7),  20-13-1(16),  20-13-10,  20-13-11,  20-13-12,  20-13-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:07 - General commission policies › Section 20:03:07:03 - Purpose of the act

Current through Register Vol. 51, page 10, July 15, 2024
SDCL 20-13 was enacted to achieve equality of employment opportunities and remove barriers that have operated in the past to favor an identifiable group of employees over other employees. Discriminatory preference for any group, minority or majority, is proscribed.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-1(7),  20-13-1(14),  20-13-10,  20-13-11,  20-13-12,  20-13-13.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:07 - General commission policies › Section 20:03:07:04 - Recruitment

Current through Register Vol. 51, page 10, July 15, 2024
Every employer must conduct recruitment and hiring practices to assure that all potential applicants are given fair notice of job vacancies, opportunity to apply for vacancies, and consideration for employment in all vacancies on bases which do not discriminate on grounds prohibited by law. Hiring and job assignment practices must assure that the effect of past exclusion of a protected class is not carried forward into the future.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-1(7),  20-13-1(14),  20-13-10,  20-13-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:07 - General commission policies › Section 20:03:07:05 - Discharges

Current through Register Vol. 51, page 10, July 15, 2024
It is sufficient to find discrimination in a discharge case if race, sex, or another proscribed category played any causal part in the discharge of the employee. It is not necessary that race, sex, or another proscribed category be the sole cause of the discharge.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-1(7),  20-13-1(14),  20-13-10,  20-13-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:08 - Tests › Section 20:03:08:01 - Test defined

Current through Register Vol. 51, page 10, July 15, 2024
As used in §§ 20:03:08:01  to 20:03:08:06, inclusive, the term "test" means any paper-and-pencil or performance measure used as a basis for an employment decision. The rules in chapter 20:03:08 apply to, but are not limited to, ability tests which are designed to measure eligibility for hire, transfer, promotion, membership, training, referral, or retention. The term includes, but is not restricted to, measures of general intelligence, mental ability, and learning ability; specific intellectual abilities; mechanical, clerical, and other aptitudes; dexterity and coordination, knowledge, and proficiency; occupational and other interests; and attitudes, personality, or temperament. The term includes all formal, scored, quantified or standardized techniques of assessing job suitability including, in addition to the above, specific qualifying or disqualifying personal history or background requirements, specific educational or work history requirements, scored interviews, biographical information blanks, interviewers' rating scales, and scored application forms.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-27-1(7),  20-13-1(14),  20-13-10,  20-13-11,  20-13-12,  20-13-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:08 - Tests › Section 20:03:08:01.01 - Validity defined

Current through Register Vol. 51, page 10, July 15, 2024
As used in §§
									20:03:08:02  to 20:03:08:06, inclusive, the term "validity" means the established statistical relationship between a test instrument or other selection procedure and performance on the job.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-1(14),  20-13-10 to  20-13-12,  20-13-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:08 - Tests › Section 20:03:08:02 - Discrimination through use of tests defined

Current through Register Vol. 51, page 10, July 15, 2024
The use of a test which adversely affects hiring, promotion, transfer, or any other employment or membership opportunity of classes protected by the act constitutes discrimination unless the test has been validated and conforms to the guidelines on employee selection procedures issued by the U.S. equal employment opportunity commission, 29 C.F.R. 1607 (September 25, 1978), and the person giving a particular test or acting upon the results of that test can demonstrate that alternative suitable hiring, transfer, or promotion procedures are unavailable for his use.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-1(14),  20-13-10,  20-13-12,  20-13-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:08 - Tests › Section 20:03:08:03 - Continued use of unvalidated tests

Current through Register Vol. 51, page 10, July 15, 2024
If determination of validity in a specific setting is practicable and required but not yet obtained, the use of the test may continue provided the person can establish validity as described in the guidelines on employee selection procedures issued by the U.S. equal employment opportunity commission, 29 C.F.R. 1607 (September 25, 1978), and he has in progress validation procedures which are designed to produce the additional data required.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10,  20-13-12,  20-13-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:08 - Tests › Section 20:03:08:04 - Employment agencies and employment services

Current through Register Vol. 51, page 10, July 15, 2024
Employment agencies and employment services, both private and state shall do the following:
(1) Not make applicant or employee appraisals or referrals based on the results obtained from a psychological test or other selection standard not validated in accordance with this chapter;
(2) When requested by an employer or union to devise a testing program, follow the standards for test validation as set forth in this chapter. An employment service is not relieved of its obligation because the test user did not request validation or has requested the use of some lesser standard than is provided in this chapter; and
(3) If requested to administer a testing program which has been devised elsewhere, request evidence of validation, as described in this chapter, before it administers the testing program or makes referral pursuant to the test results, or both. The employment agency or service must furnish to the commission, on request, evidence of validation. An employment agency or service shall refuse to administer a test where the employer or union does not supply satisfactory evidence of validation. Reliance by the test user on the reputation of the test, its author, or the name of the test is not sufficient evidence of validity. An employment agency or service may administer a testing program where the evidence of validity comports with the standards provided in §
									20:03:08:03.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-11,  20-13-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:08 - Tests › Section 20:03:08:05 - Disparate treatment

Current through Register Vol. 51, page 10, July 15, 2024
A test or other employee selection standard, even though validated against job performance in accordance with this chapter, may not be imposed upon any individual or class protected by SDCL 20-13 if other employees, applicants, or members have not been subjected to that standard. Those employees or applicants who have been denied equal treatment because of prior discriminatory practices or policies must at least be afforded the same opportunities as had existed for other employees or applicants during the period of discrimination.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10,  20-13-12,  20-13-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:08 - Tests › Section 20:03:08:06 - Retesting

Current through Register Vol. 51, page 10, July 15, 2024
Employers, unions, and employment agencies must provide an opportunity for retesting and reconsideration to candidates who failed earlier who have availed themselves of more training or experience.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10,  20-13-11,  20-13-12,  20-13-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:01 - Construction of terms "employer" and "employers."

Current through Register Vol. 51, page 10, July 15, 2024
The terms "employer" or "employers" in this chapter include labor organizations, employment agencies, and other persons insofar as their action or inaction adversely affects employment opportunities.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  1-26-1(7),  20-13-1(14),  20-13-10,  20-13-11,  20-13-12,  20-13-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:02 - Sex as a bona fide occupational qualification

Current through Register Vol. 51, page 10, July 15, 2024
Bona fide occupational qualification exceptions shall be interpreted narrowly.
The refusal to hire an individual based on stereotyped characteristics of the sexes or because of the preferences of coworkers, the employer, or clients or customers are not bona fide occupational qualification exceptions. Sex is considered to be a bona fide occupational qualification if it is necessary for the purpose of authenticity or genuineness.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-1(14),  20-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:03 - Effect of sex-orientated federal employment legislation

Current through Register Vol. 51, page 10, July 15, 2024
Where the federal occupational, safety and health act requires that separate restrooms be provided for employees of each sex, an employer is considered to have engaged in unlawful employment practice if he or she refuses to hire or otherwise adversely affects the employment opportunities of applicants or employees in order to avoid the provision of that act.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:04 - Separate lines of progression and seniority systems

Current through Register Vol. 51, page 10, July 15, 2024
Employers may not classify a job as a male or female job or maintain separate lines of progression or separate seniority lists based on sex if this adversely affects any employee unless sex is a bona fide occupational qualification for that job.
Employers may not arbitrarily classify jobs so that a female is prohibited from applying for a job labeled "male" or for a job in a male line of progression and vice versa or so that a male scheduled for layoff is prohibited from displacing a less senior female on a female seniority list and vice versa.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10,  20-13-12,  20-13-16,  20-13-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:05 - Distinction between light and heavy jobs

Current through Register Vol. 51, page 10, July 15, 2024
A seniority system or line of progression which distinguishes between light and heavy jobs constitutes an unlawful employment practice if it operates a disguised form of classification by sex or creates unreasonable obstacles to the advancement by members of either sex into jobs which members of that sex could reasonably be expected to perform.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10,  20-13-12,  20-13-16,  20-13-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:06 - Discrimination against married persons

Current through Register Vol. 51, page 10, July 15, 2024
An employer's rule which forbids or restricts the employment of married women and which is not applicable to married men or vice versa is discrimination based on sex prohibited by SDCL 20-13.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:07 - Job opportunities advertising

Current through Register Vol. 51, page 10, July 15, 2024
Help wanted advertisements may not indicate a preference, limitation, specification, or discrimination based on sex unless sex is a bona fide occupational qualification for the particular job involved. The placement of an advertisement in columns classified by publishers on the basis of sex, such as columns headed male or female, is an expression of a preference, limitation, specification, or discrimination based on sex. The classification of columns by publishers on the basis of sex is a violation of SDCL 20-13.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-10,  20-13-11,  20-13-13,  20-13-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:08 - Employment agencies dealing with only one sex

Current through Register Vol. 51, page 10, July 15, 2024
Private employment agencies which deal exclusively with one sex are engaged in an unlawful employment practice except to the extent that such agencies limit their services to furnishing employees for particular jobs for which sex is a bona fide occupational qualification.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:03 - HUMAN RIGHTS › Chapter 20:03:09 - Discrimination because of sex › Section 20:03:09:09 - Employment agencies' responsibilities in filling job orders

Current through Register Vol. 51, page 10, July 15, 2024
An employment agency that receives a job order containing an unlawful sex specification shares responsibility with the employer placing the job order if the agency fills the order knowing that the sex specification is not based upon a bona fide occupational qualification. However, an employment agency is not considered to be in violation of the law if the agency maintains a written record of the job order and makes it available to the commission. The record shall include the name of the employer, the description of the job, and the basis for the employer's claim of bona fide occupational qualification.
General Authority:
SDCL  20-13-27.
Law Implemented:
SDCL  20-13-11.