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
| Statute | Protected Class | Citation |
|---|---|---|
| Title VII | Race, color, religion, sex, national origin | 42 U.S.C. Section 2000e et seq. |
| ADEA | Age (40+) | 29 U.S.C. Section 621 et seq. |
| ADA | Disability | 42 U.S.C. Section 12101 et seq. |
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
| Category | Amount |
|---|---|
| Back Pay | $[Amount] |
| Lost Benefits | $[Amount] |
| Compensatory Damages | $[Amount] |
| Attorney's Fees | $[Amount] |
| TOTAL | $[Amount] |
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
| Claim | Deadline | Citation |
|---|---|---|
| DHR Complaint | 180 days | SDCL 20-13-31 |
| Court Action | 2 years | SDCL 20-13-46 |
| EEOC (deferral state) | 300 days | 42 U.S.C. Section 2000e-5(e) |