Department of Labor and Regulation

Title - Division of Human Rights

Coverage of Laws

The discrimination laws of South Dakota apply to everyone with very few exceptions. Allowances are made for:

  • employment and education by religious institutions
  • gender segregation or preference by voluntary youth services organizations, veterans' organizations, fraternities, sororities and father-son/mother-daughter activities

Also, the Human Rights Commission may not enforce South Dakota law against the federal government, Native American tribes or any tribally owned enterprise.
For further information on coverage exceptions, call 605.773.4493.

Note: Anyone who uses drugs illegally is not protected by South Dakota employment discrimination laws. Such a person may be denied employment or fired on the basis of illegal drug use. Employers are not prohibited by South Dakota law from testing applicants or employees for current illegal drug use or from making employment decisions based on verifiable test results. A test for illegal drug use is not considered a medical examination under South Dakota law.

Types of Discrimination & Coverage by Law








Public Accommodations



The information provided on this website should in no way be considered legal advice. For specific information about your legal rights, you should consult your personal attorney. If you have a general question, contact us.

South Dakota Department of Labor and Regulation
Division of Labor and Management
700 Governors Drive
Pierre, SD 57501
Phone: 605.773.3681


Marcia Hultman, Secretary
700 Governors Drive
Pierre, SD 57501-2291
Tel. 605.773.3101
Fax. 605.773.6184