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South Dakota’s anti-discrimination law, outlined in S.D. Codified Laws §20‑13, applies to employers with one or more employees. The law covers both public and private employers in the state, making its reach broader than federal standards that often set a 15-employee threshold. “Disability” is defined broadly to include a physical or mental impairment that substantially limits one or more major life activities, or a record of such an impairment.
The statute also protects individuals regarded as having such an impairment. Familiarity with these definitions is important for interpreting who qualifies for workplace accommodations under the law. For statutory language, refer to sdlegislature.gov.
Under S.D. Codified Laws §20‑13, employers must provide reasonable accommodations to qualified individuals with disabilities unless it would impose an undue hardship on business operations. Reasonable accommodations can include adjustments such as modifying work schedules, restructuring jobs, providing accessible workspaces, obtaining or modifying equipment, offering qualified readers or interpreters, or altering workplace policies.
The duty to offer accommodation extends to all aspects of employment—application, hiring, job performance, and advancement. Employers should be ready to analyze each request on a case-by-case basis, weighing the employee’s needs against business resources and operational realities.
When an employee requests an accommodation, South Dakota employers are expected to engage in an “interactive process” with the worker—a good-faith dialogue to identify and implement an appropriate solution. The law does not specify exact time frames, but best practice is to respond promptly to requests, typically within a few business days, to show engagement and reduce legal risk.
Employers can request documentation if the disability or need for accommodation is not obvious, but any information collected must remain confidential. Keeping records of communications and actions, while documenting each step of the process, protects both the employer and employee throughout this collaborative effort.
Pregnancy: the federal overlay. South Dakota has no state statute requiring accommodation of pregnancy, childbirth or related conditions, so the federal Pregnant Workers Fairness Act (in effect since June 27, 2023) governs for employers with 15 or more employees.
It requires reasonable accommodation of known limitations related to pregnancy, childbirth or related medical conditions unless undue hardship, and a condition need not rise to the level of a disability. The EEOC’s rule treats four accommodations as almost never an undue hardship and bars any documentation demand for them:
Documentation may be sought only when reasonable under the circumstances, may not be required in a specific form or from a specific provider, and may not be used to delay the accommodation. An employer may not require leave where another accommodation is available. The PUMP Act separately requires break time and a private non-bathroom space for expressing milk at virtually every employer. See the federal guide for full detail.
Employees who feel their accommodation rights have been violated may file a complaint with the South Dakota Division of Human Rights within 180 days. The Division investigates, mediates, and can hold administrative hearings. If discrimination is found, potential remedies include reinstatement, back pay, changes to workplace policies, and compensatory damages. Repeat or serious violations may draw additional consequences. Employers should also be aware that individuals can file lawsuits after administrative remedies have been pursued.
Managing accommodation requests under S.D. Codified Laws §20‑13 can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.
