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

Terms Used In South Dakota Codified Laws > Title 20 > Chapter 13

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Labor organization: includes any person, employee representation committee, plan in which employees participate, or other organization which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment. See South Dakota Codified Laws 20-13-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Person: includes one or more individuals, partnerships, associations, limited liability companies, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations, and the State of South Dakota, and all political subdivisions and agencies thereof. See South Dakota Codified Laws 20-13-1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2