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“Employer” means any person within South Dakota who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the South Dakota.
Unlawful employment practices
The unlawful employment practices and exemptions are similar to those under the federal Americans With Disabilities Act. For example, the state law includes exemptions for bona fide occupational qualifications and requires employers to make reasonable accommodations.
In addition, the state law specifically mentions blindness and partial blindness. No person may refuse to hire, discharge an employee, or accord adverse or unequal treatment to any person or employee because of blindness or partial blindness unless specific vision requirements constitute demonstrated and bona fide occupational qualifications and the blindness or partial blindness is related to the person’s ability to perform the duties of a particular job or position. The provisions for reasonable accommodations also apply to blindness or partial blindness.