The term "fringe benefits," as used in this section includes medical, hospital, accident, life insurance, and retirement benefits; profit-sharing and bonus plans; leave; and other terms, conditions, and privileges of employment. No employer may do the following:

1. (1) Discriminate between men and women with regard to fringe benefits. An employer may not condition benefits available to employees and their spouses and families based on the status of the employee as head of the household or principal wage earner in the family unit;
2. (2) Make available benefits for the wives and families of male employees if the same benefits are not made available for the husbands and families of female employees, make available benefits for the wives of male employees which are not made available for female employees, or make available benefits for the husbands of female employees which are not made available for male employees;

3. (3) Have a pension or retirement plan which establishes different optional or compulsory retirement ages based on sex or which differentiates in benefits on the basis of sex.

   It is not a defense under SDCL 20-13 to a charge of sex discrimination concerning benefits that the cost of such benefits is greater for one sex than the other.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority: SDCL 20-13-27.

Law Implemented: SDCL 20-13-10 , 20-13-12.