What counts as workplace discrimination?

Discrimination occurs when an employer treats you less favorably because of a protected characteristic. Under the South Dakota Human Relations Act, protected classes include: race, color, creed, religion, sex, ancestry, disability, national origin — applies to employers with 1+ employees; broader employer coverage than federal law [§ 20-13-10].

How do I prove discrimination?

You can show direct evidence (discriminatory statements, policies) or circumstantial evidence (differential treatment, statistical patterns, pretext for stated reasons) [42 U.S.C. 2000e-2].

Can I file with both the state agency and EEOC?

Yes. South Dakota Division of Human Rights is a deferral agency that cross-files with EEOC, extending the federal deadline to 300 days. Filing with one agency can often satisfy the requirements of the other through cross-filing agreements.

What happens after I file?

The agency investigates, attempts mediation or conciliation, and may issue findings. If unresolved, you receive a right-to-sue letter allowing you to file a lawsuit.

Topic guideUpdated 2026-02-27

South Dakota Workplace Discrimination — Filing a Complaint

Protected classes, filing deadlines, and how to pursue a discrimination claim under South Dakota and federal law.

The South Dakota Human Relations Act prohibits employment discrimination in South Dakota §20-13-10.

Protected Classes

Under South Dakota law, employers cannot discriminate based on: race, color, creed, religion, sex, ancestry, disability, national origin — applies to employers with 1+ employees; broader employer coverage than federal law.

Federal laws (Title VII, ADA, ADEA) provide additional protections for employees of employers with 15+ employees (20+ for age discrimination).

Types of Discrimination

Disparate treatment — intentional discrimination based on a protected characteristic

Disparate impact — neutral policies that disproportionately affect a protected group

Failure to accommodate — refusing reasonable accommodations for disability or religion

Harassment — creating a Hostile work environment based on a protected characteristic

Filing a Discrimination Complaint

You have 180 days to file with the Division of Human Rights; 300 days with EEOC through dual filing §20-13-31. South Dakota Division of Human Rights is a deferral agency that cross-files with EEOC, extending the federal deadline to 300 days.

	Details
State Agency	South Dakota Division of Human Rights (within the Department of Labor)
Federal Agency	EEOC
State Deadline	180 days to file with the Division of Human Rights; 300 days with EEOC through dual filing §20-13-31
Federal Deadline	180 days (300 with deferral) [42 U.S.C. § 2000e-5]

⚠Filing deadlines are strictly enforced. Missing the deadline typically bars your claim entirely, regardless of its merits.

✓File with both the state agency and EEOC to preserve all options. A single filing can often be cross-filed with both agencies.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating South Dakota attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions