South Dakota Codified Laws
Chapter 13 - Human Rights
Section 20-13-3 - Quorum of commission--Rules governing meetings.

South Dakota Codified Laws

Title 20 - Personal Rights and Obligations

Chapter 13 - Human Rights

Section 20-13-1 - Definitions.

Section 20-13-1.1 - Probable cause defined.

Section 20-13-2 - State Commission of Human Rights--Appointment of members--Terms--Vacancies--Removal.

Section 20-13-2.1 - Direction and supervision of commission by Department of Labor and Regulation--Independent functions retained by commission.

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 20-13-10.1 - Blind or partially blind person--Employment discrimination restricted--Civil penalty.

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 - Sex differentiation permitted when based on seniority, job description, merit or executive training systems.

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 20-13-20.1 - Discrimination based on familial status--"Family" defined--Application to housing accommodations.

Section 20-13-20.2 - Unfair or discriminatory housing practices based on familial status--Exemptions.

Section 20-13-21 - Unfair or discriminatory housing practice by financial institution or lender.

Section 20-13-21.1 - Housing--Modifications on behalf of disabled persons unnecessary--Disabled persons not relieved of obligations.

Section 20-13-21.2 - Design or construction of multifamily dwellings--Access to housing units and common areas by disabled persons and wheelchairs--Prior approval of plans not required.

Section 20-13-22 - Educational institutions' unfair or discriminatory practices--Exemptions.

Section 20-13-22.1 - Programs and activities exempt when conducted for educational, social, or recreational purposes.

Section 20-13-22.2 - Selection of students to participate in exempt programs permitted--Conduct of programs.

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 20-13-23.4 - Right to keep guide dog in rented or leased residence--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 20-13-25 - Advertising public accommodations or services--Unfair or discriminatory practices.

Section 20-13-26 - Concealing, aiding, compelling, or inducing unlawful discrimination--Threats or reprisals.

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 20-13-29 - Charge filed with division--Requirements--Contents--Public officials may file charge.

Section 20-13-30 - Charge by employer or organization against employees or members.

Section 20-13-31 - Time for filing charge.

Section 20-13-32 - Service of charge--Investigation--Conference or conciliation to eliminate practice.

Section 20-13-32.2 - Investigative materials confidential--Access to material by parties following determination.

Section 20-13-34 - Notice to respondent to answer charge--Time for answer.

Section 20-13-35 - Notice to answer charge after investigating official's report--Time for hearing--Hearing examiner--Right to transfer matter to circuit court.

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 20-13-37 - Evidence rules inapplicable at hearings--Cross-examination--Burden of proof--Preservation of testimony.

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 20-13-42 - Finding of discriminatory or unfair practice--Cease and desist order--Affirmative action required.

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 20-13-52 - Commission's appearance by attorney--Supervision--Exception in action against governmental agency.

Section 20-13-54 - Broad construction of chapter.

Section 20-13-55 - Severability of provisions.

Section 20-13-56 - Citation of chapter.