['Discrimination']
['Pregnancy Discrimination']
06/13/2024
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Summary of differences between federal and state regulations
Employer defined
“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 Pregnancy Discrimination Act. For example, pregnancy is to be treated as any other temporary disability is treated. A woman cannot be fired, refused employment, required to take leave, or treated differently as long as she can perform her job duties adequately. If other employees are given special accommodation when disabled, so mush a pregnant employee be given such accommodation. An employee cannot be forced to return to work before she is medically able. Likewise, an employer does not have to extend leave longer than medically necessary unless such benefits are given to other temporarily disabled employees.
State
Contact
South Dakota Department of Labor, Division of Human Rights
Regulations
SDCL Chapter 20-13, Human Rights
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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