South Dakota Codified Laws § 20-13-10 Unfair or Discriminatory Practices

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. Violations are addressed through the South Dakota Human Relations Act of 1972, which authorizes investigations, hearings, corrective orders, and civil remedies. Section 20-13-17.1 creates a narrow exception for bona fide occupational qualifications (BFOQ), stating that it is not considered discrimination for a school district to consider gender when hiring employees who work in spaces used exclusively by one gender such as locker rooms or toilet facilities.