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After disclosing her pregnancy to her employers, Pinchback, a correctional officer at a county jail, was terminated. As a reason for the termination, Sheriff O’Loughlin explained that while pregnant, Pinchback could not perform the duties of a correctional officer and was placing her baby’s health in danger. Pinchback petitioned Florida’s Human Rights Commission for relief pursuant to Florida’s Human Rights Act (which is patterned after Title VII).

Under South Dakota Codified Laws § 20-13-10 it is an unfair or discriminatory practice for an employer or any person involved in employment decisions to refuse to hire, discharge, or treat an employee or applicant unequally because of race, color, creed, religion, sex, ancestry, disability, or national origin. The statute applies to hiring, promotion, training, compensation, and all conditions of employment.