South Dakota Division of Human Rights — Charge of Discrimination

CHARGE OF DISCRIMINATION — SOUTH DAKOTA DIVISION OF HUMAN RIGHTS

TABLE OF CONTENTS

1. Filing Information and Agency Designation
2. Charging Party Information
3. Respondent Information
4. Protected Class and Basis of Discrimination
5. Type of Discrimination Alleged
6. Date(s) of Discrimination — Timeliness
7. Statement of Particulars (Narrative)
8. Witnesses and Evidence
9. Dual-Filing Election (DHR / EEOC Work-Share)
10. Relief Requested
11. Verification
12. Charging Party's Signature and Notarization
13. Attachments and Exhibits
14. Filing Submission Methods
15. South Dakota Practice Notes
16. Sources and References

1. FILING INFORMATION AND AGENCY DESIGNATION

This Charge of Discrimination is filed with the:

☐ South Dakota Division of Human Rights ("DHR") — primary state filing

☐ U.S. Equal Employment Opportunity Commission ("EEOC") — dual-filed under work-share agreement

☐ U.S. Department of Housing and Urban Development ("HUD") — fair-housing dual-filed (where applicable)

State filing agency address:

South Dakota Division of Human Rights

123 West Missouri Avenue

Pierre, South Dakota 57501

Telephone: (605) 773-3681 | Fax: (605) 773-6184

Website: https://dlr.sd.gov/human_rights/

Charge Number (assigned by DHR): [________________________________]

EEOC / HUD Charge Number (if dual-filed): [________________________________]

Date Received by DHR: [__/__/____]

2. CHARGING PARTY INFORMATION

Counsel for Charging Party (if represented):

3. RESPONDENT INFORMATION

Individual respondent(s) involved (supervisor, harasser, decision-maker):

4. PROTECTED CLASS AND BASIS OF DISCRIMINATION

I believe I was discriminated against because of (check all that apply):

State-protected classes under SDCL § 20-13-10 / § 20-13-20 / § 20-13-22 / § 20-13-23:

☐ Race — specify: [________________________________]

☐ Color — specify: [________________________________]

☐ Creed — specify: [________________________________]

☐ Religion — specify: [________________________________]

☐ Sex — specify: [________________________________]

☐ Pregnancy (sex-based) — specify: [________________________________]

☐ Ancestry — specify: [________________________________]

☐ National Origin — specify: [________________________________]

☐ Disability (mental or physical) — specify: [________________________________]

☐ Familial Status (housing only — § 20-13-20) — specify: [________________________________]

Federal-only protected classes (claim survives via EEOC dual-filing):

☐ Sexual Orientation (Title VII per Bostock, 2020)

☐ Gender Identity / Transgender Status (Title VII per Bostock, 2020)

☐ Age (40+) (ADEA — federal only)

☐ Genetic Information (GINA — federal only)

Retaliation:

☐ Retaliation for opposing discrimination, filing a charge, or participating in a protected activity (SDCL § 20-13-26; 42 U.S.C. § 2000e-3(a))

5. TYPE OF DISCRIMINATION ALLEGED

Adverse action(s) (check all that apply):

Employment (SDCL § 20-13-10):

☐ Failure to hire ☐ Discharge / termination ☐ Layoff ☐ Demotion ☐ Failure to promote

☐ Discipline ☐ Pay disparity / wage discrimination ☐ Denial of benefits ☐ Denial of training

☐ Harassment / hostile work environment ☐ Constructive discharge ☐ Failure to accommodate (disability or religion)

☐ Reasonable-accommodation request ignored or denied ☐ Retaliation

Housing (SDCL § 20-13-20):

☐ Refusal to sell, rent, or lease ☐ Different terms or conditions ☐ Discriminatory advertising

☐ Refusal to provide reasonable accommodation/modification ☐ Steering ☐ Eviction

Public Accommodations / Education / Services / Property (SDCL § 20-13-22 to § 20-13-26):

☐ Refusal of service ☐ Different terms ☐ Segregation ☐ Denial of educational opportunity

☐ Other: [________________________________]

6. DATE(S) OF DISCRIMINATION — TIMELINESS

☐ I confirm this charge is filed within 180 days of the most recent discriminatory act, as required by SDCL § 20-13-31.

☐ The discrimination is continuing as of the filing date.

7. STATEMENT OF PARTICULARS (NARRATIVE)

I, [CHARGING PARTY NAME], allege the following facts in support of this charge:

A. Employment / Tenancy / Patronage Background

7.1. I began my [employment / tenancy / patronage] with Respondent on or about [__/__/____] as [POSITION / UNIT / CAPACITY] at [LOCATION].

7.2. I am a member of the following protected class(es): [describe race/sex/disability/religion/etc.].

7.3. Throughout my [employment / tenancy / patronage], I performed satisfactorily and met all legitimate, non-discriminatory expectations.

B. Discriminatory Conduct

7.4. On or about [__/__/____], [name and title of decision-maker] [describe the first adverse action and its discriminatory motive — direct comments, comparator evidence, pattern].

7.5. [Continue chronologically — second incident, date, decision-maker, conduct, harm].

7.6. [Continue chronologically — third incident, date, decision-maker, conduct, harm].

7.7. Similarly situated [non-protected-class] [employees / applicants / tenants / patrons] were treated more favorably than I was. Specifically: [describe comparator(s) — names, positions, similar conduct, different treatment].

C. Internal Complaints and Retaliation (if applicable)

7.8. I complained internally on [__/__/____] to [name / title] about the discriminatory conduct described above.

7.9. After my complaint, Respondent [describe retaliatory action — discipline, schedule changes, hostile treatment, termination] on or about [__/__/____].

D. Adverse Action and Harm

7.10. On or about [__/__/____], Respondent [terminated / demoted / evicted / refused to serve / refused to hire / harassed] me. The stated reason was [STATED REASON], which is pretextual because [explain — shifting reasons, contemporaneous statements, inconsistent treatment, statistics].

7.11. As a result, I have suffered loss of [wages / benefits / housing / educational opportunity / dignity] and emotional distress including [describe — sleep loss, anxiety, depression, medical treatment].

E. Continuing Violation (if applicable)

7.12. ☐ The discriminatory conduct is part of an ongoing pattern that began on [__/__/____] and continues to the present.

8. WITNESSES AND EVIDENCE

Witnesses with knowledge of the alleged discrimination:

Documentary evidence (attached or available):

☐ Personnel file ☐ Pay records ☐ Performance reviews ☐ Disciplinary notices

☐ Emails / text messages ☐ Lease or rental application ☐ Photographs / video

☐ Medical records ☐ Internal complaint correspondence ☐ Audio recordings (per S.D. one-party-consent law)

☐ Other: [________________________________]

9. DUAL-FILING ELECTION (DHR / EEOC WORK-SHARE)

I hereby elect (check one):

☐ DUAL-FILE this charge with both the South Dakota DHR and the U.S. EEOC under their work-share agreement (recommended where Respondent has 15 or more employees and federal jurisdiction exists).

☐ DUAL-FILE this charge with the South Dakota DHR and HUD (housing claims under the Fair Housing Act).

☐ STATE FILING ONLY — file with the DHR only (e.g., Respondent has fewer than 15 employees, federal jurisdiction is unavailable, or Charging Party prefers state-only adjudication).

I request confirmation that a federal charge was actually filed and of its filing date. A 300-day federal period depends on the claim and qualifying FEPA jurisdiction under 29 C.F.R. § 1601.13; calculate the deadline under the applicable federal statute and current agency procedure.

Charging Party Initials: [____]

10. RELIEF REQUESTED

I request the following relief:

☐ Cease-and-desist order against Respondent's discriminatory practices

☐ Reinstatement / hiring / promotion to position of: [________________________________]

☐ Restoration of seniority, benefits, and accrued leave

☐ Back pay and lost benefits in the amount of approximately $[AMOUNT]

☐ Front pay (where reinstatement is impracticable)

☐ Out-of-pocket expenses (medical, job-search, relocation): $[AMOUNT]

☐ Reasonable accommodation: [________________________________]

☐ Modification of policies and practices

☐ Anti-discrimination training for Respondent's staff

☐ Posting of EEO notices in the workplace / housing facility

☐ Expungement of disciplinary records

☐ Compensatory damages for emotional distress (pursuable in civil action under § 20-13-35.1; not available in DHR administrative remedies per § 20-13-42)

☐ Punitive damages (not available in the administrative proceeding under § 20-13-42; in an elected civil action, § 20-13-35.1 permits them under § 21-3-2 only for its listed housing, public-accommodation, and § 20-13-26 claims; evaluate any federal count separately)

☐ Reasonable attorney's fees and costs

☐ Other: [________________________________]

11. VERIFICATION

I declare under penalty of perjury under the laws of the State of South Dakota that the foregoing Charge of Discrimination is true and correct to the best of my knowledge, information, and belief, and that I am the Charging Party named herein.

I understand that this charge will be served on Respondent pursuant to SDCL § 20-13-32 and that knowingly making a false statement is a criminal offense under South Dakota law.

I authorize the DHR to disclose this charge and supporting materials to the U.S. EEOC and any other agency with concurrent jurisdiction, including HUD where applicable.

Date: [__/__/____]

[________________________________]

[CHARGING PARTY SIGNATURE]

[CHARGING PARTY PRINTED NAME]

12. CHARGING PARTY'S SIGNATURE AND NOTARIZATION

STATE OF SOUTH DAKOTA

COUNTY OF [COUNTY]

Subscribed and sworn to before me this [____] day of [_______________], 20[____], by [CHARGING PARTY NAME], who is personally known to me or who produced [type of identification] as identification.

[________________________________]

Notary Public — State of South Dakota

(My Commission Expires: [_______________])

(Seal)

13. ATTACHMENTS AND EXHIBITS

The following documents are attached to and incorporated into this charge:

☐ Exhibit A — DHR Charging Party Intake Form (employment) or housing/services intake form

☐ Exhibit B — Resume / job description / lease / patronage record

☐ Exhibit C — Personnel file excerpts (offer letter, performance evaluations, discipline)

☐ Exhibit D — Pay records / W-2 / pay stubs

☐ Exhibit E — Internal complaint correspondence

☐ Exhibit F — Termination, eviction, or refusal-to-serve letter / notice

☐ Exhibit G — Communications evidencing discriminatory animus (emails, texts, voicemail transcripts)

☐ Exhibit H — Medical documentation supporting disability and accommodation request

☐ Exhibit I — Comparator evidence (similarly situated individuals, treatment differential)

☐ Exhibit J — Witness statements / declarations

☐ Exhibit K — Other: [________________________________]

14. FILING SUBMISSION METHODS

This charge may be submitted to the DHR by any of the following methods:

15. SOUTH DAKOTA PRACTICE NOTES

• 180-day filing window — § 20-13-31. The DHR must receive the notarized Charge of Discrimination within 180 days of the last date of discrimination. Mailing on day 180 does not satisfy the statute if delivery falls outside the window.
• Coverage threshold of one employee. SDCL § 20-13-1(7) covers employers with one or more employees, making the SDHRA broader than Title VII (15+) and the ADA (15+). Charging parties working for very small employers should rely on SDHRA.
• Protected classes — narrower than federal. SDHRA does not enumerate sexual orientation, gender identity, age, or genetic information. Preserve federal claims through a timely EEOC charge, whether filed directly or through a confirmed dual-filing route.
• Investigation procedure. Following intake and service of the charge under SDCL § 20-13-32, a DHR investigator notifies both parties, gathers documents and statements, and issues a probable-cause determination. If probable cause is found, the DHR attempts conciliation.
• Public hearing or civil action. Under current SDCL § 20-13-35.1, the charging party or respondent may elect a civil action no later than 20 days after issuance of the notice requiring the respondent to answer the charge. DHR or the Commission then issues written election notice, and the action is due within one year after that notice. Without a timely election, the state charge follows the administrative path.
• Administrative remedies are limited — § 20-13-42. The Commission may order hiring, reinstatement, upgrading, back pay, and "compensation incidental to the violation, other than pain and suffering, punitive, or consequential damages." For full damages, exercise the § 20-13-35.1 civil-action right.
• Punitive damages are claim-specific. Section 20-13-35.1 does not authorize punitive damages for a basic § 20-13-10 employment count, but it permits punitive damages under § 21-3-2 for the specifically listed housing/public-accommodation provisions and § 20-13-26. Parallel federal counts require separate analysis.
• EEOC work-share. The DHR is a FEPA (Fair Employment Practices Agency) with a work-share agreement with the EEOC. Part 1601.13 does not itself establish automatic dual-filing or DHR investigation policy. Confirm the current DHR/EEOC agreement, each agency's receipt and filing dates, and the treatment of any charge filed after the state deadline.
• HUD work-share for housing. Housing-discrimination charges within FHA jurisdiction may be dual-filed with HUD's Region VIII office.
• Local ordinances. Several South Dakota municipalities (notably Sioux Falls and Rapid City) maintain anti-discrimination ordinances with additional protected classes; confirm local jurisdiction.
• Right to representation. A charging party may be represented by counsel at all stages. The DHR investigator does not act as the charging party's advocate; counsel is recommended for hearings, conciliation, and election decisions.
• No retaliation. Filing a charge with the DHR is a protected activity. Retaliation by Respondent is independently actionable under SDCL § 20-13-26 and 42 U.S.C. § 2000e-3(a).

16. SOURCES AND REFERENCES

• South Dakota Division of Human Rights — https://dlr.sd.gov/human_rights/
• DHR Forms (Charging Party Intake) — https://dlr.sd.gov/human_rights/forms.aspx
• DHR Investigations Procedure — https://dlr.sd.gov/human_rights/investigations.aspx
• DHR Penalties and Remedies — https://dlr.sd.gov/human_rights/penalties.aspx
• DHR Laws and Rules — https://dlr.sd.gov/human_rights/laws_rules.aspx
• Making a Discrimination Charge (DHR) — https://dlr.sd.gov/human_rights/publications/cplegalguide.pdf
• 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
• South Dakota Codified Laws, Chapter 20-13 — https://sdlegislature.gov/Statutes/20-13
• U.S. Equal Employment Opportunity Commission — https://www.eeoc.gov/
• EEOC Public Portal — https://publicportal.eeoc.gov/
• 29 C.F.R. Part 1601 (EEOC procedural regulations) — https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1601
• U.S. Department of Housing and Urban Development — https://www.hud.gov/program_offices/fair_housing_equal_opp
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Huck v. McCain Foods, 479 N.W.2d 167 (S.D. 1991)
• Kjerstad v. Ravellette Publications, Inc., 517 N.W.2d 419 (S.D. 1994)

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 agency procedures change frequently; verify all authorities on sdlegislature.gov and dlr.sd.gov before use.