South Dakota State Civil Rights Complaint (SDHRA + Parallel Federal Counts)

COMPLAINT FOR DISCRIMINATION — SOUTH DAKOTA HUMAN RELATIONS ACT AND PARALLEL FEDERAL CIVIL RIGHTS COUNTS

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — Discrimination Under SDCL § 20-13-10 (Employment)
7. Count II — Discrimination Under SDCL § 20-13-20 / § 20-13-23 (Housing or Public Accommodations)
8. Count III — Title VII of the Civil Rights Act of 1964
9. Count IV — 42 U.S.C. § 1981 (Race-Based Contractual Discrimination)
10. Count V — Americans with Disabilities Act / Fair Housing Act (as applicable)
11. Damages
12. Prayer for Relief
13. Demand for Trial by Jury
14. Reservation of Rights
15. Signature and Service Blocks
16. Verification
17. Certificate of Service
18. South Dakota Practice Notes
19. Sources and References

1. CAPTION

STATE OF SOUTH DAKOTA

IN CIRCUIT COURT

[____] JUDICIAL CIRCUIT — [COUNTY] COUNTY

CIV. NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, complaining of Defendants, alleges and states as follows:

2. NATURE OF THE ACTION

2.1. This is a civil action for unlawful discrimination in violation of the South Dakota Human Relations Act, SDCL ch. 20-13, and parallel federal civil rights statutes including, where applicable, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; 42 U.S.C. § 1981; the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; and/or the Fair Housing Act, 42 U.S.C. § 3601 et seq.

2.2. Plaintiff seeks compensatory damages (including emotional distress), back pay, front pay, reinstatement or other equitable relief, statutory and punitive damages where authorized by federal law, declaratory and injunctive relief, costs, and reasonable attorney's fees.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult resident of [CITY, COUNTY], South Dakota, and was so at all times material to this Complaint.

3.2. Plaintiff is a member of one or more protected classes under SDCL § 20-13-1, including [race / color / creed / religion / sex / ancestry / disability / national origin].

3.3. Defendant [EMPLOYER / HOUSING PROVIDER] is a [corporation / LLC / partnership / sole proprietorship] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and conducting regular business in [COUNTY] County, South Dakota.

3.4. Defendant is an "employer" within the meaning of SDCL § 20-13-1(7) (one or more employees) and, where alleged, an "employer" within the meaning of 42 U.S.C. § 2000e(b) (fifteen or more employees).

3.5. [Individual Defendant Name] is sued in his/her individual and official capacities for acts and omissions taken under color of [employer authority / state law].

3.6. This Court has subject-matter jurisdiction pursuant to S.D. Const. art. V, § 5 and SDCL § 16-6-9 (general civil jurisdiction of the Circuit Court). Plaintiff invokes supplemental authority over the federal counts pursuant to the concurrent jurisdiction of state courts over Title VII, § 1981, ADA, and FHA claims.

3.7. Venue is proper in [COUNTY] County pursuant to SDCL § 15-5-6 because the unlawful acts occurred within this county and/or Defendants reside or transact business within this county.

4. ADMINISTRATIVE EXHAUSTION

4.1. On [DATE], within 180 days of the most recent unlawful act as required by SDCL § 20-13-31, Plaintiff timely filed a verified Charge of Discrimination with the South Dakota Division of Human Rights (DHR Charge No. [________________________________]).

4.2. The charge was dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") under the work-share agreement between the EEOC and the South Dakota DHR (EEOC Charge No. [________________________________]).

4.3. On [DATE], Plaintiff received a [Determination / No-Probable-Cause Finding / Right-to-Sue Letter] from [the DHR / the EEOC], copies of which are attached as Exhibits A and B.

4.4. Pursuant to SDCL § 20-13-35.1, Plaintiff has elected to proceed by civil action in lieu of an administrative hearing before the South Dakota Commission of Human Rights, and this Complaint is filed within the time limits set forth in SDCL § 15-2-15.2 and 42 U.S.C. § 2000e-5(f)(1).

4.5. Plaintiff has satisfied all conditions precedent to suit.

5. FACTUAL ALLEGATIONS

5.1. On or about [DATE], Plaintiff began [employment / tenancy / patronage] with Defendant at [LOCATION] as [POSITION / UNIT / CAPACITY].

5.2. Throughout the relevant period, Plaintiff performed [his / her / their] duties in a satisfactory manner and met all legitimate, non-discriminatory expectations of Defendant.

5.3. Beginning on or about [DATE], Plaintiff was subjected to differential treatment by Defendant on account of Plaintiff's [protected class], including but not limited to:

• [Specific adverse action #1 — date, decision-maker, harm];
• [Specific adverse action #2 — date, decision-maker, harm];
• [Specific adverse action #3 — date, decision-maker, harm].

5.4. Similarly situated [non-protected-class] [employees / applicants / tenants / patrons] were treated more favorably than Plaintiff in materially identical circumstances, including [comparator examples].

5.5. Plaintiff complained internally on [DATES] to [NAMES / TITLES] about the discriminatory conduct. Defendant failed to take prompt or effective remedial action and instead [describe retaliatory conduct, if any].

5.6. On or about [DATE], Defendant [terminated / demoted / evicted / refused to serve / refused to hire / harassed] Plaintiff. Defendant's stated reason — [STATED REASON] — is pretextual, as evidenced by [shifting explanations, contemporaneous statements, comparator evidence, statistical disparities, etc.].

5.7. As a direct and proximate result of Defendant's discriminatory conduct, Plaintiff has suffered economic loss, emotional distress, humiliation, and other damages described in Section 11 below.

6. COUNT I — DISCRIMINATION UNDER SDCL § 20-13-10 (EMPLOYMENT)

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.7.

6.2. Defendant is an "employer" within the meaning of SDCL § 20-13-1(7).

6.3. SDCL § 20-13-10 makes it an unfair or discriminatory practice for an employer to fail or refuse to hire, to discharge, or otherwise to discriminate against an individual with respect to the compensation, terms, conditions, or privileges of employment because of race, color, creed, religion, sex, ancestry, disability, or national origin.

6.4. Defendant violated SDCL § 20-13-10 by taking the adverse actions described in Paragraphs 5.3 through 5.6 because of Plaintiff's protected status.

6.5. Plaintiff has suffered and continues to suffer damages as set forth in Section 11.

7. COUNT II — DISCRIMINATION UNDER SDCL § 20-13-20 / § 20-13-23 (HOUSING OR PUBLIC ACCOMMODATIONS)

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.7.

7.2. SDCL § 20-13-20 prohibits any owner of housing or real-property rights, or any person acting for an owner, from refusing to sell, rent, lease, sublease, assign, or otherwise transfer real property — or from discriminating in the terms, conditions, or privileges of such transfers — because of an individual's protected class, including familial status.

7.3. SDCL § 20-13-23 prohibits any person engaged in the operation of a public accommodation from refusing to provide goods or services, or from discriminating in the terms, conditions, or privileges thereof, on account of an individual's protected class.

7.4. Defendant's conduct described in Paragraphs 5.3 through 5.6 violated SDCL [§ 20-13-20 / § 20-13-23].

8. COUNT III — TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

8.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.7.

8.2. Defendant is an "employer" within the meaning of 42 U.S.C. § 2000e(b) and is engaged in an industry affecting commerce.

8.3. Defendant's conduct violated 42 U.S.C. § 2000e-2 by discriminating against Plaintiff on the basis of [race / color / religion / sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 590 U.S. 644 (2020)) / national origin].

8.4. Plaintiff timely filed a charge with the EEOC and received a Notice of Right to Sue dated [DATE], attached as Exhibit B. This action is filed within ninety (90) days of receipt of that notice, as required by 42 U.S.C. § 2000e-5(f)(1).

8.5. Plaintiff is entitled to compensatory and punitive damages under 42 U.S.C. § 1981a, subject to the statutory caps therein, and to equitable relief under 42 U.S.C. § 2000e-5(g).

9. COUNT IV — 42 U.S.C. § 1981 (RACE-BASED CONTRACTUAL DISCRIMINATION)

9.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.7.

9.2. 42 U.S.C. § 1981 guarantees all persons within the jurisdiction of the United States the same right to make and enforce contracts as is enjoyed by white citizens.

9.3. Defendant intentionally interfered with Plaintiff's right to make, perform, modify, and/or terminate a contract on equal terms by reason of Plaintiff's race or ancestry, as alleged above.

9.4. Plaintiff is entitled to compensatory and punitive damages without the statutory caps that limit Title VII relief.

10. COUNT V — AMERICANS WITH DISABILITIES ACT / FAIR HOUSING ACT (AS APPLICABLE)

10.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.7.

10.2. [Where disability claim:] Plaintiff is a qualified individual with a disability within the meaning of 42 U.S.C. § 12102. Defendant violated 42 U.S.C. § 12112 by failing to provide reasonable accommodation and by taking adverse action because of Plaintiff's disability.

10.3. [Where housing claim:] Defendant violated 42 U.S.C. § 3604 by refusing to [sell / rent / accommodate] the dwelling on account of Plaintiff's protected class.

11. DAMAGES

11.1. Economic damages: back pay (including bonuses, commissions, benefits, and the value of lost employer-provided contributions); front pay where reinstatement is impracticable; out-of-pocket expenses; and prejudgment interest. Estimated to date: $[AMOUNT].

11.2. Non-economic damages: emotional distress, humiliation, loss of enjoyment of life, and damage to professional reputation. Pursuant to SDCL § 20-13-35.1 and applicable federal statutes, these damages are recoverable in a civil action notwithstanding the administrative remedial limits of SDCL § 20-13-42.

11.3. Punitive damages: Plaintiff seeks punitive damages under federal law, specifically 42 U.S.C. § 1981a (Title VII, ADA), 42 U.S.C. § 1981, and/or 42 U.S.C. § 3613, based on Defendant's malicious, reckless, or callously indifferent conduct. Punitive damages are not available under the SDHRA.

11.4. Equitable relief: reinstatement, promotion, expungement of disciplinary records, restoration of seniority and benefits, and injunctive relief barring future discriminatory practices.

11.5. Attorney's fees and costs: pursuant to 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 1988, 42 U.S.C. § 12205, and/or 42 U.S.C. § 3613(c)(2), as applicable.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment against Defendants, jointly and severally, as follows:

• A. Declaring that Defendants' conduct violated the South Dakota Human Relations Act and the cited federal civil rights statutes;
• B. Awarding compensatory damages, including back pay, front pay, and emotional distress damages, in an amount to be proven at trial;
• C. Awarding punitive damages under applicable federal statutes against each individual and entity defendant in an amount sufficient to punish and deter;
• D. Ordering equitable relief, including reinstatement, promotion, expungement, and a permanent injunction against further discriminatory practices;
• E. Awarding pre-judgment and post-judgment interest at the maximum lawful rate;
• F. Awarding reasonable attorney's fees, expert fees, litigation expenses, and costs;
• G. Granting such other and further relief as the Court deems just and equitable.

13. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to SDCL § 15-6-38 and the Seventh Amendment to the United States Constitution.

14. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims, theories, or parties as discovery may reveal, in accordance with SDCL § 15-6-15.

15. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], S.D. State Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, SOUTH DAKOTA ZIP]

Telephone: [________________________________]

Email: [________________________________]

16. VERIFICATION

STATE OF SOUTH DAKOTA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those matters I believe them to be true.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of South Dakota

(My Commission Expires: [_______________])

17. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [_______________], 20[____], a true and correct copy of the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL was served upon the following parties by the method indicated:

[________________________________]

[ATTORNEY NAME]

18. SOUTH DAKOTA PRACTICE NOTES

• Protected classes are narrower than federal law. SDCL § 20-13-10 enumerates race, color, creed, religion, sex, ancestry, disability, and national origin. The SDHRA does not include sexual orientation or gender identity. SO/GI claimants must plead Title VII under Bostock v. Clayton County, 590 U.S. 644 (2020), or applicable federal counts. Some local ordinances (e.g., Sioux Falls, Brookings) extend additional protections — verify before drafting.
• Employer coverage threshold. SDCL § 20-13-1(7) defines "employer" as any person employing one or more employees. This is broader than Title VII's 15-employee threshold and broader than the ADA's 15-employee threshold. The SDHRA therefore reaches small employers exempt from federal coverage.
• 180-day filing deadline. SDCL § 20-13-31 requires that a charge be filed with the South Dakota Division of Human Rights within 180 days of the discriminatory act. Charges filed between 180 and 300 days are accepted by the EEOC under work-share but the DHR will transfer the case directly to the EEOC and will not investigate.
• Election of remedies — § 20-13-35.1. A claimant may elect to proceed by civil action in lieu of an administrative hearing before the South Dakota Commission of Human Rights. Upon election, the Division and Commission lose jurisdiction over the charge.
• Administrative remedies are limited — § 20-13-42. When the Commission finds a discriminatory practice, available administrative remedies include affirmative action such as hiring, reinstatement, upgrading with or without back pay, and "compensation incidental to the violation, other than pain and suffering, punitive, or consequential damages." Pain-and-suffering, punitive, and consequential damages must be sought in civil court.
• Punitive damages. Punitive damages are unavailable under the SDHRA. Practitioners typically secure punitive damages through parallel federal counts (Title VII via 42 U.S.C. § 1981a, § 1981, ADA, FHA). Outside the civil-rights context, SDCL § 21-3-2 authorizes punitive damages in tort actions where oppression, fraud, or malice is shown.
• Statute of limitations on civil action. SDCL § 15-2-15.2 imposes a 300-day limitations period on civil actions arising from unfair or discriminatory practices. Read the current text carefully — courts have addressed whether the period begins on the discriminatory act, the DHR determination, or another trigger.
• Forum. SDHRA actions may be filed in South Dakota Circuit Court. Federal-question and supplemental-jurisdiction actions may be filed in or removed to the U.S. District Court for the District of South Dakota.
• Pleading standard. South Dakota follows notice pleading under SDCL § 15-6-8(a). For federal counts in either forum, plead the elements of each claim with sufficient factual content to satisfy Bell Atlantic v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009).
• Service of process. SDCL § 15-6-4 governs service. Corporate defendants are served on the registered agent of record per the South Dakota Secretary of State's filings.

19. SOURCES AND REFERENCES

• South Dakota Codified Laws, Chapter 20-13 (Human Rights) — https://sdlegislature.gov/Statutes/20-13
• South Dakota Division of Human Rights — https://dlr.sd.gov/human_rights/
• South Dakota Human Relations Act of 1972 (overview) — https://dlr.sd.gov/human_rights/publications/humanrights.pdf
• Guide for Attorneys (DHR) — https://dlr.sd.gov/human_rights/publications/guideforattorneys.pdf
• Making a Discrimination Charge (DHR) — https://dlr.sd.gov/human_rights/publications/cplegalguide.pdf
• South Dakota Rules of Civil Procedure — SDCL ch. 15-6
• Title VII of the Civil Rights Act of 1964 — 42 U.S.C. § 2000e et seq.
• 42 U.S.C. § 1981 (Equal rights under the law)
• Americans with Disabilities Act — 42 U.S.C. § 12101 et seq.
• Fair Housing Act — 42 U.S.C. § 3601 et seq.
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Huck v. McCain Foods, 479 N.W.2d 167 (S.D. 1991) (election-of-remedies)
• Kjerstad v. Ravellette Publications, Inc., 517 N.W.2d 419 (S.D. 1994) (SDHRA remedies)
• U.S. Equal Employment Opportunity Commission — https://www.eeoc.gov/
• U.S. District Court, District of South Dakota — https://www.sdd.uscourts.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in South Dakota must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities on sdlegislature.gov and dlr.sd.gov before use.