South Dakota — Workplace Discrimination

The South Dakota Human Relations Act (SDCL Chapter 20-13) prohibits discrimination in employment based on race, color, creed, religion, sex, ancestry, disability, or national origin.

Employer coverage — is there a minimum employee threshold? SDCL 20-13-1(5A) defines "employer" as “a person, association, or organization employing one or more individuals.” No other section of the Human Relations Act sets a higher minimum number of employees for coverage—there is no 5, 15, or other threshold. The Division of Human Rights within the South Dakota Department of Labor and Regulation (DLR) reiterates that the Act applies to all employers with one or more employees in the state. This scope is substantially broader than federal Title VII, ADEA, or ADA, all of which have minimum employee thresholds (typically 15 or more employees).

Protected classes The Human Relations Act bars discrimination on the basis of: race, color, creed, religion, sex, ancestry, disability, and national origin. Age is not a protected class under South Dakota law; claims for age discrimination must be brought under the federal Age Discrimination in Employment Act (ADEA).

In summary: South Dakota’s Human Relations Act applies to every employer in the state with a single employee—there is no minimum-employee cutoff. The statutory authority for this is clear: SDCL 20-13-1(5A), SDCL 20-13-10, and the primary guidance from the Division of Human Rights.

Source: SDCL 20-13-10; SDCL 20-13-1(5A); SD Dept. of Labor & Regulation — Human Rights Laws & Rules

A complainant must file a charge of discrimination with the South Dakota Division of Human Rights within 180 days after the alleged discriminatory act. This 180-day deadline applies to all claims filed under the South Dakota Human Relations Act (SDCL Chapter 20-13). Failure to file within 180 days bars the Division from acting on the complaint. This filing period is set by statute at SDCL 20-13-31, which provides that the "commission may issue an order requiring such person to cease and desist from such discriminatory practice and to take such affirmative action... provided that no order shall be issued if the complaint is filed more than one hundred eighty days after the occurrence of the alleged discriminatory practice." The Division of Human Rights, housed within the South Dakota Department of Labor and Regulation, investigates claims alleging discrimination based on race, color, creed, religion, sex, ancestry, disability, or national origin, but must dismiss claims not filed within the statutory period.

Source: SDCL 20-13-31

The South Dakota Human Relations Act (SDCL Chapter 20-13) expressly prohibits retaliation against any individual who has filed a discrimination complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act. This protection is set forth at SDCL 20-13-26, which states it is an unfair or discriminatory practice "to discharge, expel, or otherwise discriminate against any person because he has opposed any practice forbidden by this chapter, or because he has filed a complaint, testified, or assisted in any proceeding under this chapter." As a result, employees who report alleged discrimination, participate as witnesses, or otherwise assist in enforcement activities are protected from adverse employment actions based on those activities.

Scope:

• Protected activities include opposing practices forbidden by the Act (such as workplace discrimination based on race, color, religion, sex, disability, ancestry, or national origin) and participating in any complaint process related to those practices.
• Prohibited retaliation covers both discharge (termination) and broader forms of discrimination or expulsion related to employment.
• There is no separate carve-out or different standard for retaliation — any act of retaliation that would itself be discriminatory under the Act is prohibited on the same terms.

Relation to Federal Law:

• Employers should note that these protections exist alongside the federal anti-retaliation provisions under Title VII and other federal statutes, which may offer broader or additional remedies or coverage (see the federal workplace-discrimination guide).

Source: SDCL 20-13-26

South Dakota’s Human Relations Act prohibits employment discrimination “because of religion” (among other protected traits), but includes an explicit religious exemption. Section 20-13-18 provides:

• Under SDCL § 20-13-18, a qualification based on a religious purpose is not considered an unfair or discriminatory practice. That means a religious organization may require that job applicants share its religious beliefs if doing so serves a bona fide religious purpose. In HR-language: religion can be a bona fide occupational qualification in limited, mission-aligned roles.

Source: SDCL § 20-13-18

• The South Dakota Division of Human Rights clarifies that employment by religious institutions is among the narrow coverage exceptions under state law. That implies the Act does not prohibit religious organizations from making employment decisions that are based on religious criteria.

Source: South Dakota Division of Human Rights — Coverage exceptions, including religious institutions

Scope and practical impact:

• These exemptions apply only when religion is germane to the job’s purpose (e.g. a minister, religious teacher, or other role central to religious mission).
• They do not allow sweeping discrimination in secular roles (e.g. custodial work, maintenance, administrative support) within a religious institution. The statutory language and agency guidance limit the exemption to occupations with a bona fide religious purpose.
• South Dakota law otherwise applies across employers—including religious institutions—unless specifically exempted under § 20-13-18 or via coverage exception.

In short: yes, South Dakota permits religious organizations to prefer co-religionists in hiring when religion is legitimately tied to the core purpose of the position—that is the statutory exemption’s scope.

Source: SDCL § 20-13-18 — Qualification based on religious purpose not unfair or discriminatory South Dakota Division of Human Rights — Coverage exceptions, including religious institutions

South Dakota Equal Pay Law — Explicit Comparable Work Mandate South Dakota law expressly prohibits sex-based wage discrimination and mandates equal pay for "comparable work," separate from the state’s general anti-discrimination statute.

SDCL Chapter 60-12: Prohibition and Scope Under SDCL § 60-12-15, no employer may pay an employee at a lesser wage than an employee of the opposite sex for comparable work on jobs requiring comparable skill, effort, and responsibility (excluding physical strength), performed under similar working conditions. This applies to all employers in South Dakota.

• "Comparable work" focus: The law considers jobs that require substantially similar skill, effort, and responsibility—even if job titles or locations differ.
• Permissible wage differentials: Differences are allowed if based on seniority, merit, systems measuring earnings by quantity or quality of production, or factors other than sex.
• Remedies and enforcement: Employees paid in violation of the law can bring a civil action within two years for lost wages, reinstatement, and attorney fees (SDCL §§ 60-12-19, 60-12-20). The law also imposes employer recordkeeping obligations (§ 60-12-18) and bars retaliatory discharge for pursuing equal pay claims (§ 60-12-21).

Relation to SDCL Chapter 20-13 (Human Rights Act) The South Dakota Human Relations Act prohibits discrimination in compensation based on sex (SDCL § 20-13-10), but does not articulate a distinct equal pay or comparable work rule. Equal pay claims should be brought primarily under SDCL Chapter 60-12, which is more specific.

Practice Note: South Dakota’s equal pay statute (SDCL 60-12-15 through 60-12-21) is separate from—and more specific than—the general Human Rights Act. Employers should review both sets of statutory requirements and maintain records to ensure compliance. Federal equal pay law (EPA, Title VII) continues to apply alongside state law.

Sources:

• SDCL 60-12-15
• SDCL 60-12-16
• SDCL 60-12-18
• SDCL 60-12-19
• SDCL 60-12-20
• SDCL 60-12-21
• SDCL 20-13-10