{"id":376295,"date":"2016-03-31T21:36:41","date_gmt":"2016-04-01T02:36:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-civil-rights-laws.html"},"modified":"2023-01-17T11:53:33","modified_gmt":"2023-01-17T16:53:33","slug":"south-dakota-civil-rights-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-civil-rights-laws.html","title":{"rendered":"South Dakota Civil Rights Laws"},"content":{"rendered":"\n
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\n \n South Dakota Civil Rights Laws\n <\/h1>\n \n Learn about your state’s laws by using the links below.\n <\/p>\n <\/div>\n<\/div>\n\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

There are few things as humiliating and degrading as discrimination. Whether it\u2019s racial discrimination in a hotel or restaurant or sex-based discrimination on the job, the effects can devastate individuals and divide communities.  One of the best ways to fight discrimination is in the courtroom. <\/p>\r\n

The various civil rights movements<\/a> led to sweeping federal and state laws prohibiting discrimination across the country. Plaintiffs generally have two options: file a complaint with a government agency that enforces civil rights laws<\/a> or file a civil rights lawsuit<\/a> on their own initiative. Sometimes one might be required before the other can proceed. Here\u2019s a brief summary of South Dakota law when it comes to civil rights.<\/p>\r\n

State Civil Rights Laws: South Dakota<\/h2>\r\n

South Dakota broadly prohibits discrimination. Unlawful discrimination on the basis of race, color, creed, religion, sex, ancestry, disability, and national origin are prohibited by statute. It\u2019s worth remembering that nondiscrimination laws generally prohibit discrimination in certain, specific contexts. These include selling a house or renting out an apartment, hiring and firing employees, serving or accommodating guests, providing financial assistance and loans, admissions and services at educational institutions such as schools and universities. Federal and state laws are consistent in this approach. Only unlawful discrimination is prohibited \u2013 that\u2019s why there\u2019s often a long list of what constitutes unlawful discrimination.<\/p>\r\n

Most major exceptions are straightforward. Religious educational institutions can consider religion in admissions decisions. Schools and universities can segregate by sex in athletic programs so long as the opportunities for males and females are \u201csubstantially equal\u201d \u2013 this is why having a men\u2019s basketball team and women\u2019s basketball team is lawful. More controversially, housing discrimination bans don\u2019t apply in smaller rental facilities where the owner lives \u2013 an exception meant to accommodate owners who rent our rooms or one or two living units.  Know that there are specific definitions and express exceptions out there.<\/p>\r\n

The South Dakota Department of Labor\u2019s Division of Human Rights enforces state civil rights laws. The agency receives and investigates complaints and will attempt to end unlawful discrimination where it exists. Individuals retain their right to sue, however. After a complaint is filed with the department, a person can still elect to file their own lawsuit. You should know that complaints to the department must be filed within 180 days of the discriminatory action and lawsuits must be filed within one year of electing to file an individual lawsuit. These time restrictions are critical. Successful plaintiffs can recover compensatory damages, punitive damages, attorneys\u2019 fees, and legal costs.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\n20-13-1 et seq.<\/td>\r\n<\/tr>
Discrimination Prohibited Based On<\/b><\/td>\r\nRace, color, creed, religion, sex, ancestry, disability, national origin.<\/td>\r\n<\/tr>
Private Action Permitted?<\/b><\/td>\r\nYes.<\/td>\r\n<\/tr>
Court-Awarded Attorneys’ Fees for Successful Plaintiffs?<\/b><\/td>\r\nYes<\/td>\r\n<\/tr>
Statute of Limitations<\/b><\/td>\r\n180 days to file complaint with agency; 1 year to file private action after electing to do so.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Related Resources for Civil Rights Laws<\/h2>\r\n

You can find more general information on civil rights laws<\/a> and discrimination<\/a> on these pages. For further advice regarding a specific case, we recommend speaking with a local civil rights attorney<\/a>.<\/p>\r\n

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