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South Dakota Codified Laws

Chapter 20-13

S.D. Codified Laws ch. 20-13

Human Rights

20-13-1Definitions.20-13-1.1Probable cause defined.20-13-2State Commission of Human Rights--Appointment of members--Terms--Vacancies--Removal.20-13-2.1Direction and supervision of commission by Department of Labor and Regulation--Independent functions retained by commission.20-13-3Quorum of commission--Rules governing meetings.20-13-4Per diem and expenses of commission members.20-13-5Employment of personnel by division.20-13-6Legal assistance to commission.20-13-7Investigation and elimination of discrimination by education and conciliation.20-13-8Cooperation with other agencies.20-13-9Funds and grants accepted--Accounting.20-13-10Unfair or discriminatory practices.20-13-10.1Blind or partially blind person--Employment discrimination restricted--Civil penalty.20-13-11Employment agency's unfair or discriminatory practices.20-13-12Labor organization's unfair or discriminatory practices.20-13-13Employment advertising deemed unfair or discriminatory.20-13-14Requiring security clearance not unfair or discriminatory.20-13-15Use of ability test by employer not unfair or discriminatory.20-13-16Seniority and merit preferences permitted--Place of work differentials.20-13-17Sex differentiation permitted when based on seniority, job description, merit or executive training systems.20-13-17.1Gender preference for hires at single-sex facility not discriminatory.20-13-18Qualification based on religious purpose not unfair or discriminatory.20-13-19RepealedRepealed 20-13-20Unfair or discriminatory housing practices by owner or agent.20-13-20.1Discrimination based on familial status--"Family" defined--Application to housing accommodations.20-13-20.2Unfair or discriminatory housing practices based on familial status--Exemptions.20-13-21Unfair or discriminatory housing practice by financial institution or lender.20-13-21.1Housing--Modifications on behalf of disabled persons unnecessary--Disabled persons not relieved of obligations.20-13-21.2Design or construction of multifamily dwellings--Access to housing units and common areas by disabled persons and wheelchairs--Prior approval of plans not required.20-13-22Educational institutions' unfair or discriminatory practices--Exemptions.20-13-22.1Programs and activities exempt when conducted for educational, social, or recreational purposes.20-13-22.2Selection of students to participate in exempt programs permitted--Conduct of programs.20-13-23Public accommodations--Unfair or discriminatory practices.20-13-23.1Right of disabled persons to equal treatment in public accommodations.20-13-23.2Disability--Service Animal--Liability--Violation as misdemeanor.20-13-23.3RepealedRepealed 20-13-23.4Right to keep guide dog in rented or leased residence--Violation as misdemeanor.20-13-23.5RepealedRepealed 20-13-23.6RepealedRepealed 20-13-23.7Good faith efforts made to accommodate disabled persons.20-13-23.8RepealedRepealed 20-13-23.9RepealedRepealed 20-13-23.10RepealedRepealed 20-13-24Public services--Unfair or discriminatory practices.20-13-25Advertising public accommodations or services--Unfair or discriminatory practices.20-13-26Concealing, aiding, compelling, or inducing unlawful discrimination--Threats or reprisals.20-13-27Regulations for enforcement of chapter.20-13-28Complaints acted upon by division.20-13-28.1Dismissal of charge if investigation shows no probable cause.20-13-29Charge filed with division--Requirements--Contents--Public officials may file charge.20-13-30Charge by employer or organization against employees or members.20-13-31Time for filing charge.20-13-32Service of charge--Investigation--Conference or conciliation to eliminate practice.20-13-32.1RepealedRepealed 20-13-32.2Investigative materials confidential--Access to material by parties following determination.20-13-33RepealedRepealed 20-13-34Notice to respondent to answer charge--Time for answer.20-13-35Notice to answer charge after investigating official's report--Time for hearing--Hearing examiner--Right to transfer matter to circuit court.20-13-35.1Right to proceed by civil action in lieu of hearing--Forms of relief available.20-13-36Administration of oaths--Depositions.20-13-37Evidence rules inapplicable at hearings--Cross-examination--Burden of proof--Preservation of testimony.20-13-38Presentation of case--Investigating official's participation limited.20-13-39Respondent's answer and appearance at hearing--Charging party's intervention.20-13-40Amendment of charge or answer.20-13-41Proceedings on default by respondent.20-13-42Finding of discriminatory or unfair practice--Cease and desist order--Affirmative action required.20-13-43Finding of no discriminatory or unfair practice--Dismissal of charge.20-13-44Majority of commission required for final orders.20-13-45Procedural rules.20-13-46Rules governed by general law on administrative rules.20-13-47Judicial review of commission--court order for enforcement of order.20-13-4820-13-48 to 20-13-51. Repealed by SL 1989, ch 184, §§ 5 to 8 20-13-52Commission's appearance by attorney--Supervision--Exception in action against governmental agency.20-13-53RepealedRepealed 20-13-54Broad construction of chapter.20-13-55Severability of provisions.20-13-56Citation of chapter.20-13-57Antisemitism--Consideration by Division--Definition--Applicability.20-13-58Public changing rooms, sleeping quarters, and restrooms--Definitions.20-13-59Public changing rooms, sleeping quarters, and restrooms--Designation required--Exclusion.20-13-60Public changing rooms, sleeping quarters, and restrooms--Use restricted--Reasonable efforts required.20-13-61Public changing rooms, sleeping quarters, and restrooms--Exceptions to use restriction.20-13-62Public changing rooms, sleeping quarters, and restrooms--Private causes of action--Limitation--Attorney’s fees.20-13-63Public changing rooms, sleeping quarters, and restrooms--Immunity for compliance--State legal defense.