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South Dakota

Regulatory Strength: ‏‏ Moderate ‏
Effective as of January 1st, 2008

Protected groups:

  • Gender

Applicable to:

  • Private and public companies*
  • May cover state and local government employees*

HR practices:

  • Employer cannot retaliate against employees who file a complaint or testify regarding pay discrimination
  • Pay Analysis Groups are defined differently than the Federal “Similarly Situated” standard

Defenses/Rebuttals:

  • Employee accepting a low wage is not an acceptable defense for differences in pay

Remedies:

  • Back pay:
    • Full back pay awarded
    • Up to two (2) years of back pay may be awarded
  • Employer is liable for attorney fees

Please click HERE for access to SD Codified L § 60-12-15, Equal Pay for Equal Work.
*see law for specific inclusions/exclusions

Last revised 08/23/2019

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