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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. The U.S. Equal Employment Opportunity Commission (EEOC) partners with Tribal Employment Rights Offices (TEROs) to protect the employment rights of Native Americans and Alaska Natives and has created a Tribal Programs page with more information.
For further information on coverage exceptions, call 605.773.3681.
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
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The information provided on this page 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.