The South Dakota Human Rights Act offers narrow anti-discrimination protections for small employers.
South Dakota's Human Rights Act (SDCL 20-13) prohibits discrimination based on specific protected characteristics for employers with just one employee. While broader than federal Title VII in terms of employee count, its protected categories are more limited, creating compliance gaps for smaller businesses.
SD Human Rights Act
State anti-discrimination law for employers of any size, covering specific categories.
What those rules do as a South Dakota shift is created.
Teambridge automatically incorporates the South Dakota Human Rights Act's requirements into your hiring and employment practices, ensuring compliance even when federal laws don't apply.
Preventing discriminatory practices
Teambridge flags any hiring, promotion, or termination processes that might inadvertently discriminate against individuals based on protected characteristics under SDCL 20-13, such as race, sex, or disability, regardless of company size.
Mind the "small employer" gaps
For employers with fewer than 15 or 20 employees, Teambridge highlights areas where federal protections (like ADEA for age, or ADA for disability) do not apply, but the SD Human Rights Act does, ensuring state-level compliance is met.
Flagging non-covered categories
While ensuring compliance with SDCL 20-13, Teambridge also identifies categories not covered by the state act (e.g., age for small employers, marital status, sexual orientation/gender identity) to help employers understand their exposure.
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South Dakota Human Rights Act prohibits discrimination in employment.
The South Dakota Human Rights Act (SDCL 20-13) broadly prohibits discrimination in employment practices, including hiring, firing, promotion, compensation, and other terms and conditions of employment. It applies to all employers within the state, regardless of size, for certain protected classes.
SDCL § 20-13-10. Discriminatory practices enumerated.
It is an unfair or discriminatory practice for any employer to refuse to hire, to discharge, or otherwise to discriminate against an individual with respect to employment, compensation, terms, conditions, or privileges of employment, because of race, color, creed, religion, sex, ancestry, disability, or national origin.
Protected Categories and Employer Size
The SD Human Rights Act is notable for its broad applicability to employers with "one or more" employees, offering protections for race, color, creed, religion, sex (including pregnancy), ancestry, national origin, and disability. This is more inclusive than federal anti-discrimination laws like Title VII, which generally apply to employers with 15 or more employees. However, it's crucial to recognize the categories not covered at the state level, such as age (for employers with fewer than 20 employees, where the federal ADEA kicks in), marital status, or sexual orientation/gender identity (SO/GI).
Navigating Federal vs. State Protections
Employers in South Dakota must navigate a layered compliance landscape. For example, a business with 5 employees is subject to the SD Human Rights Act for race and sex discrimination, but not federal Title VII. However, neither state nor federal law would cover age discrimination for this 5-employee business. Similarly, while the federal Americans with Disabilities Act (ADA) applies to employers with 15+ employees, the SD Human Rights Act covers disability discrimination for all employers. This creates specific compliance gaps, particularly for age and SO/GI discrimination, for smaller South Dakota businesses.
Teambridge puts South Dakota's Human Rights Act on cruise control.
Teambridge integrates the specific requirements of SDCL 20-13 into your HR workflows, ensuring your hiring, management, and termination processes are compliant with state anti-discrimination laws, no matter your company size.
Automated hiring process checks
Teambridge screens job descriptions and interview questions for potential biases related to SD's protected categories, guiding you to compliant language and practices from the outset.
Performance and promotion guidance
Our system helps ensure that performance reviews, promotions, and disciplinary actions are based on objective criteria, mitigating risks of discrimination claims based on protected characteristics.
Customized policy creation
Teambridge generates and updates employee handbooks and internal policies that reflect the specific nuances of the SD Human Rights Act, clearly outlining non-discrimination policies for your workforce.
Risk assessment for separations
Before any termination, Teambridge conducts a risk assessment to identify potential discrimination concerns under SDCL 20-13, providing actionable insights to ensure fair and compliant separation processes.
People also ask.
What protected characteristics are covered by the South Dakota Human Rights Act?
The South Dakota Human Rights Act (SDCL 20-13) prohibits discrimination based on race, color, creed, religion, sex (including pregnancy), ancestry, national origin, and physical or mental disability. It's important to note that this list is more limited than federal laws in certain aspects, such as age and sexual orientation/gender identity.
Does the SD Human Rights Act apply to all employers in South Dakota?
Yes, the SD Human Rights Act applies to any employer with "one or more" employees in South Dakota. This means even very small businesses are subject to its anti-discrimination provisions for the covered categories, unlike federal laws that often have higher employee thresholds (e.g., 15 or 20 employees).
Are age and sexual orientation/gender identity protected under the SD Human Rights Act?
No, the South Dakota Human Rights Act does not explicitly include age, marital status, or sexual orientation/gender identity as protected characteristics. While federal laws like the Age Discrimination in Employment Act (ADEA) protect age for employers with 20+ employees, and federal courts have interpreted Title VII to cover SO/GI, there is no state-level protection for these categories for South Dakota employers, especially those too small for federal laws to apply.
How does the SD Human Rights Act interact with federal anti-discrimination laws?
The SD Human Rights Act often provides broader coverage in terms of employer size (1+ employee) for its protected categories compared to federal laws like Title VII (15+ employees) or ADA (15+ employees). However, federal laws cover additional categories or provide protections for larger employers that the state act does not. Employers must comply with whichever law provides greater protection to the employee, or both if applicable.
What is considered "sex discrimination" under the SD Human Rights Act?
Under the SD Human Rights Act, "sex" discrimination includes discrimination based on pregnancy, childbirth, or related medical conditions. This aligns with federal interpretations and ensures pregnant workers receive protection under state law, even for employers not covered by federal pregnancy discrimination acts.
Where can I file a complaint for discrimination in South Dakota?
Complaints regarding violations of the South Dakota Human Rights Act can be filed with the South Dakota Department of Labor and Regulation (DLR), Division of Human Rights. There are specific procedures and deadlines for filing such complaints.