Anti-Discrimination Law - SOUTH DAKOTA

---

DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL

The purpose of the South Dakota Human Relations Act of 1972 is to protect the public health, safety and welfare. It is the policy of this State through the South Dakota state commission of human rights to prevent discrimination in employment housing and access to public accommodations. "Unfair or discriminatory practice" means any act or attempted act which because of race, color, creed, religion, sex, ancestry, disability or national origin results in unequal treatment or separation or segregation of any person, or denies, prevents, limits, or otherwise adversely affect, the benefit or enjoyment by any person of employment. labor union membership, housing accommodations, property rights, education. public accommodations, and public services (emphasis added). South Dakota Codified Laws Chapter 20-13. Any person who exercise or enjoyment of rights secured by the Constitution or laws of the United States has been interfered with or attempted to be interfered with may bring a complaint to the South Dakota state commission of human rights. The Supreme Court ruled in the case of Cohen vs. California, 403 US 15 (1971) that individuals have the constitutional right under the First Amendment to wear clothing which displays writing or designs. In addition, the right of an individual to freedom of association has long been recognized and protected by the United States Supreme Court. Thus, a person's right to wear the clothing of his choice, as well as his right to belong to any club or organization of his choice is constitutionally protected, and persons or establishments who discriminate on the basis of clothing or club membership are subject to lawsuit.

---

NCOM Region

REGION III : Colorado, Montana, North Dakota, South Dakota, Wyoming

---