Marcia Hultman

Cabinet Secretary

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Division of Human Rights

The Division of Human Rights promotes equal opportunity by administering the South Dakota Human Relations Act of 1972. It does this in several different ways:

  • The Division investigates formal complaints filed by people who believe they have been discriminated against. If it finds a complaint is justified, the Division will attempt to settle the complaint by conference and conciliation, and to permanently correct any discriminatory practices.
  • The Human Rights Commission holds public hearings on justified complaints when voluntary settlement is not successful. When the Commission finds a violation of the law as a result of the hearing, it issues final orders to correct any discriminatory practices and to prevent them happening again.
  • The Division offers technical assistance to employers, labor unions, real estate agents, landlords and any others interested in affirmative action and voluntary compliance with South Dakota law.
  • The Division provides public information and works with individuals, civil rights groups, and civic and professional organizations to promote equal opportunity for all South Dakotans.

The role of the Human Rights Division does not include taking sides. We do not represent the individual filing a charge of discrimination. Nor do we defend the party being charged. The Human Rights Division has no jurisdiction over:

  • Federal employees filing against a federal employer.
  • Police and sheriff misconduct.
  • Judicial or court matters.
  • Characteristics such as personal appearance, political affiliation, lack of education and training, short-term disabilities and personality conflicts.

On average, the Division takes in approximately 130 charges each year. Of all the different reasons for protection (e.g., race, color, national origin, etc.), most filings are based on disability and racial discrimination. The most common charge is disability discrimination regarding reasonable accommodations and discharge.

Sexual discrimination, retaliation (being treated adversely because of opposition to discriminatory practices or filing a charge), disability discrimination and race discrimination comprise about 90 percent of the Division's work. Similarly, approximately 90 percent of all charges filed are employment-related.

If you cannot find answers to your questions among the topics listed to the left, please contact us.

Contact Us

Division of Human Rights
South Dakota Department of Labor and Regulation
123 W. Missouri Ave.
Pierre, SD 57501
Phone: 605.773.3681
Fax: 605.773.6184
email