South Dakota Division of Human Rights
History and Purpose
In February of 1972 the South Dakota Legislature passed the South Dakota Human Relations Act of 1972. This Act, published in the South Dakota Compiled Laws as Chapter 20-13, prohibits discrimination because of race, color, creed, religion, sex, ancestry, disability or national origin. It covers employment practices, labor union membership and services, housing accommodations, education, public accommodations, public services and property rights. The Act also makes it illegal for any person to discriminate against someone because he or she has filed a complaint with the Division of Human Rights, has testified on a matter before the Division, or has assisted the Division to carry out the purposes of the Act. The law became effective on July 1, 1972.
Related Agencies
U.S. Equal Employment Opportunity Commission
The EEOC enforces Title VII of the 1964 Civil Rights Act,
which prohibits job discrimination based on race, color, religion, national origin, or
sex. EEOC also enforces the Equal Pay Act and the Age Discrimination in Employment Act.
Title VII covers employers of 15 or more persons, including state and local governments,
labor unions, apprenticeship programs, and employment agencies. The Division of Human
Rights works closely with EEOC, and charges filed with EEOC are referred to the Division
of Human Rights for investigation.
Office of Federal Contract Compliance
Located within the U.S. Department of Labor, OFCC
administers the President’s Executive Orders requiring affirmative action for women,
minorities, Viet Nam veterans and the handicapped by federal contractors and
subcontractors. EEOC and OFCC work closely together, and a charge of discrimination filed
with one is considered filed with both.
Office of Personnel Management
Under the provisions of Executive Order 11478 and Title VII
of the Civil Rights Act, the Office of Personnel Management promotes and enforces equal
employment opportunity in the federal government. Complaints of discrimination are
investigated by each federal agency but may be appealed to the Office of Personnel
Management,
U.S. Department of Housing and Urban Development
HUD’s Office of Equal Opportunity administers the Fair
Housing Act of 1968, which prohibits discrimination based on race, color or creed in the
sale or rental of housing.
Federal Trade Commission
FTC enforces the Equal Credit Opportunity Act, which
prohibits creditors from discriminating on the basis of race, color, sex, religion,
national origin, age and marital status.
U.S. Department of Education
This department enforces the provisions of Title IX of the
1964 Civil Rights Act that prohibit sex discrimination in any educational program or
activity receiving federal financial assistance.
Coverage
The South Dakota Human Relations Act of 1972 applies to everyone. The only exceptions to this broad coverage are allowances made for religious institutions in the areas of employment and education as well as exemptions for sex discrimination for voluntary youth services organizations, veterans organizations, fraternities, sororities and father-son, mother-daughter activities. Also, the Commission, like all other state agencies, may not enforce the law against the federal government, nor may the Commission assert jurisdiction over the tribes or any tribally owned enterprise.
Human Rights in Action
The Division’s basic responsibility is to promote equal opportunity through the administration and enforcement of the Human Relations Act. It does this through many different approaches:
- The Division investigates complaints filed by people who
believe they have been discriminated against. If it finds a complaint is justified, the
Division seeks to settle the complaint by conference and conciliation and to permanently
correct any discriminatory practices.
- The Commission, a Commissioner, the Attorney General, or a
States Attorney may initiate a complaint and investigation where they have reason to
believe that a person is violating the South Dakota Human Relations Act.
- The Commission holds public hearings on complaints where a
determination of probable cause has been made and voluntary settlement is not successful.
Where the Commission finds a violation of the Act as a result of the hearing, it issues
final orders to correct any discriminatory practices and to prevent their recurrence.
- The Division offers technical assistance to employers, real
estate agents and landlords, labor unions, and others interested in affirmative action and
voluntary compliance with the South Dakota Human Relations Act.
- The Division provides public information and works with individuals, civic and professional organizations and civil rights groups to promote equal opportunity for all South Dakotans.
Employment
It is unlawful for:
- an employer to refuse to hire a person, to discharge or lay
off an employee, harass or to treat persons differently in the terms and conditions of
employment because of race, color, creed, religion, sex (includes pregnancy), ancestry,
disability, or national origin;
- a labor union to refuse membership or to deny any rights
given to other union members because of race, color, creed, religion, sex (includes
pregnancy), ancestry, disability, or national origin;
- an employment agency to refuse an applicant or to deny an
applicant any rights given to other applicants on the basis of race, color, creed,
religion, sex (includes pregnancy), ancestry, disability, or national origin.
- It is also against the law for an employer, labor union, or
employment agency;
- to advertise job openings or union memberships indicating a preference for or excluding a particular race, color, creed, religion, sex (includes pregnancy), ancestry, disability, or national origin;
Real Property and Housing
(Land and/or buildings for sale, rent, or lease)
It is unlawful for:
- an owner, or representative of an owner, to refuse to sell, rent, or lease any property; to treat people differently in the terms or conditions of any sale, rental, or lease; to ask questions, make records, or to print signs or advertise in a manner which discriminates on the basis of race, color, creed, religion, sex, ancestry, disability, or national origin.
It is also unlawful for:
- any person, bank, mortgage company, insurance company or other financial institution to discriminate in the lending of money to buy, build, or repair property.
Public Accommodations
No person can be denied the right to the full and equal use of any public accommodation in South Dakota because of race, color, creed, religion, sex, ancestry, disability, or national origin.
Public Services
(Hospitals, police, welfare department, all departments, agencies, boards or commissions owned, operated, or managed by or for the State of South Dakota or any political subdivision)
No person can be denied the right to the full and equal benefit of any public service in South Dakota because of race, color, creed, religion, sex, ancestry, disability, or national origin.
Education
No person can be denied the same benefit or service from any school at any level in South Dakota because of race, color, creed, religion, sex, ancestry, disability, or national origin.
Disability
Disability is any physical or mental characteristic resulting from disease, injury, congenital condition of birth or functional disorder which is unrelated to a person’s ability to perform a job, to qualify for employment or promotion, to acquire, rent or maintain property, and to utilize and benefit from educational opportunities, programs, and facilities at an educational institution.
Good faith efforts must be made to reasonably accommodate the disabled person unless accommodation would impose undue hardship.
Pregnancy
Under state and federal laws, pregnancy is to be treated as any other temporary disability is treated. A woman cannot be fired, refused employment, required to take leave, or treated differently as long as she can perform her job duties adequately. If other employees are given special accommodation when disabled so mush a pregnant employee be given such accommodation. An employee cannot be forced to return to work before she is medically able. Likewise, an employer does not have to extend leave longer than medically necessary unless such benefits are given to other temporarily disabled employees.
Harassment
Harassment occurs when employment decisions are based upon refusal or acceptance of sexual advances, or creating a hostile working environment so severe as to hinder a person’s ability to do their work. Once an employer is made aware of a harassment situation it becomes their responsibility to take action to correct the situation. The South Dakota Human Relations Act prohibits harassment based on race, color, creed, religion, sex, ancestry, disability, or national origin.
Reprisal
Any person who files a charge of discrimination, testifies, assists or participates in any way in an investigation, hearing or any other proceeding conducted by the South Dakota Division of Human Rights is protected by law against reprisal by any person, employer, employment agency, labor organization, landlord, or other covered individual or organization.