South Dakota Human Relations Act of 1972

An Act Entitled, An Act providing for equality of opportunity and prohibiting discriminatory practices based on race, color, creed, religion, sex, ancestry or national origin, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations, and public services; prescribing the powers and duties of the state commission on human relations; and providing enforcement procedures and prescribing penalties and remedies for violations, and to provide an appropriation therefor, and to repeal SDCL 1-31.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. This chapter may be known and may be cited as the "South Dakota Human Relations Act of 1972." . . . .

Section 6. It shall be an unfair or discriminatory practice for any:

     (1) Person, because of race, color, creed, religion, sex, ancestry, or national origin, to fail or refuse to hire, to discharge an employee, or to accord adverse or unequal treatment to any person or employee with respect to application, hiring training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, or any term or condition of employment.

     (2) Employment agency, because of race, color, creed, religion, sex, ancestry, or national origin, to accord adverse or unequal treatment to any person in connection with any application for employment, any referral, or any request for assistance in procurement of employees, or to accept any listing of employment on such a basis.

     (3) Labor organization, because of race, color, creed, religion, sex, ancestry, or national origin, to deny full and equal membership rights to an applicant for membership or to a member; to expel, suspend or otherwise discipline a member; or to accord adverse, unlawful or unequal treatment to any person with respect to his hiring, apprenticeship, training, tenure, compensation, upgrading, layoff or any term or condition of employment.

     (4) Employer, employment agency, labor organization or the employees, agents, or members thereof directly or indirectly to advertise or in any other manner indicate or publicize that individuals of any particular race, color, creed, religion, sex, ancestry or national origin are unwelcome, objectionable, not acceptable, or not solicited for employment or membership.

     (5) Notwithstanding any other provision of this section, it shall not be an unfair or discriminatory practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if

          (a) The occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any executive order of the President; and

          (b) such individual has not fulfilled or has ceased to fulfill that requirement.

     (6) Notwithstanding any other provision of this section, it shall not be an unfair or discriminatory practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unfair or discriminatory practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unfair or discriminatory practice under this section for any employer to differentiate upon the basis of sex in determining the amount of wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of SDCL 60-12-16.

This section shall not apply to any bona fide religious institution with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. Nothing contained in this section as it applies to discrimination because of sex shall be construed to affect or interfere with the retirement policy or system of any employer or the underwriting or administration of a bona fide employee welfare or benefit plan where such policy, system or plan is not merely a subterfuge to evade the purposes of this Act.

Section 7. It shall be an unfair or discriminatory practice for any owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salesmen, attorneys, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will:

     (1) To refuse to sell, rent, lease, assign, sublease or otherwise transfer any real property or housing accommodation or part, portion or interest therein, to any person because of the race, color, creed, religion, sex, ancestry or national origin of such person.

     (2) To discriminate against any person because of his race, color, creed, religion, sex, ancestry, or national origin, in the terms, conditions, or privileges of the sale, rental, lease, assignment, sublease or other transfer of any real property or housing accommodation or any part, portion, or interest therein.

     (3) Directly or indirectly to advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, sublease or other transfer of any real property or housing accommodation or any part, portion or interest therein, by persons of any particular race, color, creed, religion, sex, ancestry or national origin is unwelcome, objectionable, not acceptable or not solicited.

It shall also be an unfair or discriminatory practice for any person, bank, banking organization, mortgage company, insurance company, or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, or maintenance of any real property or any agent or employee thereof, to discriminate against any person or group of persons, because of the race, color, creed, religion, sex, ancestry, or national origin of such person or group of persons or of the prospective occupants or tenants of such real property in the granting, withholding, extending, modifying, renewing, or in the rates, terms, conditions or privileges of any such financial assistance or in the extension of services in connection therewith.

Section 8. It shall be an unfair or discriminatory practice for any educational institution:

     (1) To discriminate in any manner in the full utilization of or benefit from any educational institution, or the services rendered thereby to any individual because of race, color, creed, religion, ancestry, or national origin.

     (2) To include, expel, limit or otherwise discriminate against an individual seeking admission as a student, or an individual enrolled as a student because of race, color, creed, religion, ancestry or national origin.

     (3) To make or use a written or oral inquiry, or form of application for admission that elicits or attempts to elicit information, or to make or keep a record, concerning the race, color, creed, religion, ancestry or national origin of an applicant for admission except as may be permitted by regulations of the commission.

This section shall not apply to any bona fide religious institution with respect to any qualification based on religion which such qualification is related to a bona fide religious purpose.

Section 9. It shall be an unfair or discriminatory practice:

     (1) For any person engaged in the provision of public accommodations because of race, color, creed, religion, sex, ancestry, or national origin, to fail or refuse to provide to any person access to the use of and benefit from the services and facilities of such public accommodations; or to accord adverse, unlawful, or unequal treatment to any person with respect to the availability of such services and facilities, the price or other consideration therefor, the scope and equality thereof, or the terms and conditions under which the same are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation, and repair.

     (2) For any person engaged in the provision of public services, by reason of race, color, creed, religion, sex, ancestry, or national origin, to fail or refuse to provide to any person access to the use of and benefit thereof, or to provide adverse or unequal treatment to any person in connection therewith.

     (3) For any person directly or indirectly to advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, color, creed, religion, sex, ancestry, or national origin is unwelcome, objectionable, not acceptable, or not solicited.

Section 10. It shall be an unfair and discriminatory practice for any person, because of race, color, creed, religion, sex, ancestry, or national origin, directly or indirectly, to conceal any unlawful discrimination or to aid, abet, compel, coerce, incite or induce another person to discriminate, or by any means, trick artifice, advertisement or sign, or use any form of application, or make any record or inquiry, or device whatsoever to bring about or facilitate discrimination, or to engage in or threaten to engage in any reprisal, economic or otherwise, against any person by reason of the latter's filing a complaint, testifying or assisting in the observance and support of the purposes and provisions of this chapter. . . .

Approved February 16, 1972.