Federal & State Regulations | Discrimination - Other - South Dakota

State Info

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The South Dakota law identifies the following protected classes for purposes of employment discrimination:

Race,
Color,
Creed,
Religion,
Sex,
Pregnancy (treated similarly to temporary disabilities),
Ancestry,
Disability (physical or mental impairment), and
National origin.

South Dakota also has laws governing tobacco use and genetic information.

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.

Genetic information

It is an unlawful employment practice for an employer to seek, obtain, or use genetic information, as defined in S.D. Codified Laws § 60-2-21, of an employee or a prospective employee to distinguish between or discriminate against employees or prospective employees or restrict any right or benefit otherwise due. An aggrieved party may bring a civil suit for damages.