20-13-23. Public accommodations--Unfair or discriminatory practices.
It shall be an unfair or discriminatory practice for any person engaged in the provision of public accommodations because of race, color, creed, religion, sex, ancestry, disability, or national origin, to fail or refuse to provide to any person access to the use of and benefit from the services and facilities of such public accommodations; or to accord adverse, unlawful, or unequal treatment to any person with respect to the availability of such services and facilities, the price or other consideration therefor, the scope and equality thereof, or the terms and conditions under which the same are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation, and repair.
Source: SL 1972, ch 11, §9(1); SL 1986, ch 170, §17.
Structure South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Section 20-13-1 - Definitions.
Section 20-13-1.1 - Probable cause defined.
Section 20-13-3 - Quorum of commission--Rules governing meetings.
Section 20-13-4 - Per diem and expenses of commission members.
Section 20-13-5 - Employment of personnel by division.
Section 20-13-6 - Legal assistance to commission.
Section 20-13-7 - Investigation and elimination of discrimination by education and conciliation.
Section 20-13-8 - Cooperation with other agencies.
Section 20-13-9 - Funds and grants accepted--Accounting.
Section 20-13-10 - Unfair or discriminatory practices.
Section 20-13-11 - Employment agency's unfair or discriminatory practices.
Section 20-13-12 - Labor organization's unfair or discriminatory practices.
Section 20-13-13 - Employment advertising deemed unfair or discriminatory.
Section 20-13-14 - Requiring security clearance not unfair or discriminatory.
Section 20-13-15 - Use of ability test by employer not unfair or discriminatory.
Section 20-13-16 - Seniority and merit preferences permitted--Place of work differentials.
Section 20-13-17.1 - Gender preference for hires at single-sex facility not discriminatory.
Section 20-13-18 - Qualification based on religious purpose not unfair or discriminatory.
Section 20-13-20 - Unfair or discriminatory housing practices by owner or agent.
Section 20-13-21 - Unfair or discriminatory housing practice by financial institution or lender.
Section 20-13-22 - Educational institutions' unfair or discriminatory practices--Exemptions.
Section 20-13-23 - Public accommodations--Unfair or discriminatory practices.
Section 20-13-23.1 - Right of disabled persons to equal treatment in public accommodations.
Section 20-13-23.2 - Disability--Service Animal--Liability--Violation as misdemeanor.
Section 20-13-23.7 - Good faith efforts made to accommodate disabled persons.
Section 20-13-24 - Public services--Unfair or discriminatory practices.
Section 20-13-27 - Regulations for enforcement of chapter.
Section 20-13-28 - Complaints acted upon by division.
Section 20-13-28.1 - Dismissal of charge if investigation shows no probable cause.
Section 20-13-30 - Charge by employer or organization against employees or members.
Section 20-13-31 - Time for filing charge.
Section 20-13-34 - Notice to respondent to answer charge--Time for answer.
Section 20-13-35.1 - Right to proceed by civil action in lieu of hearing--Forms of relief available.
Section 20-13-36 - Administration of oaths--Depositions.
Section 20-13-38 - Presentation of case--Investigating official's participation limited.
Section 20-13-39 - Respondent's answer and appearance at hearing--Charging party's intervention.
Section 20-13-40 - Amendment of charge or answer.
Section 20-13-41 - Proceedings on default by respondent.
Section 20-13-43 - Finding of no discriminatory or unfair practice--Dismissal of charge.
Section 20-13-44 - Majority of commission required for final orders.
Section 20-13-45 - Procedural rules.
Section 20-13-46 - Rules governed by general law on administrative rules.
Section 20-13-47 - Judicial review of commission--court order for enforcement of order.
Section 20-13-54 - Broad construction of chapter.