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South Dakota follows federal laws prohibiting discrimination including those that apply to race, color, sex, age, national origin, religion, pregnancy, genetic information, disability, and veteran status. However, South Dakota does have laws regarding tobacco use.
Tobacco use
Employers are prohibited from terminating an employee because the individual uses tobacco products away from the employer’s premises during non-working hours unless the restriction relates to a bona fide occupational requirement and is related to the employment activities of the employee or it is necessary to avoid a conflict of interest.
Employers may, however, offer a health or life insurance policy that makes distinctions between employees for the type of coverage or the cost of coverage based on an employee’s use of tobacco products.
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
See applicable discrimination topic.