Employment Discrimination Demand Letter - South Dakota

EMPLOYMENT DISCRIMINATION DEMAND LETTER

South Dakota Law

South Dakota Human Relations Act, SDCL Chapter 20-13

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, South Dakota ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[South Dakota Bar License No.]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Re: Employment Discrimination Claim of [Client Full Name]
SD DHR Charge No.: [If filed]
EEOC Charge No.: [If filed]
CONFIDENTIAL SETTLEMENT COMMUNICATION - SDCL 19-19-408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") regarding [his/her/their] claims of unlawful employment discrimination against [Company Legal Name] ("[Company Short Name]" or "the Company").

I. LEGAL FRAMEWORK

A. South Dakota Human Relations Act

South Dakota prohibits employment discrimination under SDCL Chapter 20-13.

Protected Classes Under SDCL 20-13-10:

• Race
• Color
• Creed
• Religion
• Sex (including pregnancy)
• Ancestry
• Disability
• National origin

Note: Age is NOT protected under state law; age claims require federal ADEA filing.

B. Federal Anti-Discrimination Laws

C. Division of Human Rights (DHR)

Administrative Exhaustion Required:

• Must file DHR complaint within 180 days
• DHR has work-sharing agreement with EEOC
• May file court action after DHR process

II. FACTUAL BACKGROUND

[Client Full Name] was employed by [Company Short Name] from [Start Date] through [End Date / Present] as a [Job Title] in [City], South Dakota.

III. LEGAL CLAIMS

A. Violation of South Dakota Human Relations Act

[Company Short Name] violated SDCL 20-13-10 by discriminating against our client based on [protected class].

Key Provisions:

• Applies to employers with 1+ employees
• Administrative exhaustion required
• No age protection under state law

IV. DAMAGES

V. SETTLEMENT DEMAND

We demand that [Company Short Name] pay $[Settlement Demand Amount] to resolve all claims.

VI. RESPONSE DEADLINE

Please respond within twenty-one (21) calendar days, no later than [Response Deadline Date].

Sincerely,

[Attorney Name]
[Title]
[Firm Name]
[South Dakota Bar License No.]

SOUTH DAKOTA-SPECIFIC PRACTICE NOTES (Do Not Include in Final Letter)

Key South Dakota Considerations

[ ] No Age Protection: State law does NOT protect age - must use federal ADEA

[ ] Low Employee Threshold: Applies to employers with 1+ employees

[ ] No SOGI Protection: Sexual orientation and gender identity not protected

[ ] Administrative Exhaustion: Required before court action

Statute of Limitations Reference