Section
General Provisions
98.001 Definitions
98.002 Declaration of policy and purpose
98.003 Act of discrimination
98.004 Contracts with city
98.005 Responsibilities and duties of city employees
98.006 Good faith accommodation of disabled
Commission on Human Relations
98.020 Created
98.021 Composition
98.022 Appointment
98.023 Terms
98.024 Filling of vacancies
98.025 Compensation
98.026 Officers
98.027 Meetings
98.028 Quorum
98.029 Rules, regulations
98.030 Appointment of committees
98.031 Substantive and procedural powers and duties
98.032 Filing complaint
98.033 Service of respondent and answer
98.034 Determination of probable cause
98.035 Conciliation
98.036 Public hearing
98.037 Dismissal of complaint
98.038 Depositions and discovery
98.039 Prosecution of violation
98.040 Rights of parties to seek judicial determination
98.041 Application to other handicaps
98.042 Time limit for filing complaint
Disability Awareness and Accessibility Review Board
98.085 Created
98.086 Composition
98.087 Terms
98.088 Filling of vacancies
98.089 Compensation; expense
98.090 Officers
98.091 Meetings; quorum; staff
98.092 Duties and responsibilities
Cross-reference:
Administration, see title VII
Statutory reference:
Local commission on human relations, see SDCL 20-12-5 et seq.
Municipal power to investigate discriminatory practices, see SDCL 20-12-4
State commission of human rights, see SDCL 20-13-2 et seq.
GENERAL PROVISIONS
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADA. The Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq.
COMPLAINANT. A person for or on whose behalf a complaint alleging unlawful discrimination has been filed or issued.
DISABILITY. A physical or mental impairment of a person resulting from disease, injury, congenital condition of birth or functional disorder which substantially limits one or more of the person’s major life functions; a record of having an impairment; or being regarded as having an impairment which:
(1) For purposes of § 98.003(a) through (c), inclusive, is unrelated to an individual’s ability to perform the major duties of a particular job or position, or is unrelated to an individual’s qualifications for employment or promotion;
(2) For purposes of § 98.003(d) and (h) is unrelated to an individual’s ability to acquire, rent, or maintain property; and
(3) For purposes of § 98.003(e) and (f) is unrelated to an individual’s ability to utilize and benefit from opportunities, programs, and facilities of the accommodations and services.
DISCRIMINATION. Any unlawful act or attempted unlawful act which, because of race, color, sex, creed, religion, ancestry, national origin, familial status or disability, results in the unequal treatment or separation or segregation of any person or denies, prevents, limits or otherwise adversely affects or if accomplished would deny, prevent, limit or otherwise adversely affect the benefit or enjoyment by any person of employment, membership in a labor organization, ownership or occupancy of real property, a public accommodation, a public service or an educational institution. The DISCRIMINATION is unlawful and is a violation of this chapter.
EDUCATIONAL INSTITUTION. Any university, college or school operating within the city including any school, institution or organization for vocational training, but the term shall not apply to the students of, or the education provided by, any school maintained and operated by a religious corporation, or association solely for the benefit of its own membership.
EMPLOY. To use or be entitled to the use and benefit of the services of a person as an employee.
EMPLOYEE. Any and all persons who perform services for any employer for compensation, whether in the form of wages, salary, commission or otherwise.
EMPLOYER. Any person within the city who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the city, but the word EMPLOYER shall not include any person with respect to the hiring or employment of a household domestic servant, or any religious corporation, association or society with respect to the hiring or employment of individuals of a particular religion, when religion shall be a bona fide occupational qualification for employment, provided the selection is not based on race, color, ancestry or national origin or disability.
EMPLOYMENT. The state of being employed as an employee by an employer.
EMPLOYMENT AGENCY. Any person regularly undertaking, with or without compensation, to procure employees for any employer or to procure for employees opportunities to work for any employer and includes any agent of the person.
FAMILIAL STATUS. The relationship of individuals by birth, adoption or guardianship who are domiciled together.
HIRE. To engage or contract for or attempt to engage or contract for the services of any person as an employee.
LABOR ORGANIZATION. Any person, employee representation committee or plan in which employees participate and which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment and shall include any conference, general committee, joint or system board or joint council.
LAWYER. A person duly authorized and licensed by the state to engage in the practice of law.
PERSON. Includes one or more individuals, partnerships, associations, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations and the state and all political subdivisions and agencies thereof.
PUBLIC ACCOMMODATIONS. The services and facilities of any and all places of business within the city engaged generally in the provision of services or goods to the public or soliciting generally the public patronage, including, without limitation, theaters, hotels, motels, restaurants, taverns, barbershops, beauty shops, insurance companies, lending organizations, financial institutions and carriers.
PUBLIC SERVICES. The services or facilities provided within the city to the general public including those provided by any public facility, department, agency, board or commission, owned, operated or managed by or on behalf of the state, any political subdivision thereof, or any other public corporation.
REAL ESTATE BROKER or REAL ESTATE SALESPERSON. A real estate broker and a real estate salesperson as defined by state law.
REAL PROPERTY. Any right, title, interest in or to the possession, ownership, enjoyment or occupancy of any parcel of land, any building situated thereon, or any portion of the building in the city.
RESPONDENT. A person against whom a complaint alleging unlawful discrimination has been filed or issued.
(1957 Rev. Ords., § 2.1802; 1972 Code, § 13-1; 1992 Code, § 21.5-1) (Ord. 2700, passed 8-17-1970; Ord. 52-73, passed 6-25-1973; Ord. 22-81, passed 3-16-1980; Ord. 63-86, passed 6-23-1986; Ord. 51-91, passed 6-10-1991)
Cross-reference:
Definitions and rules of construction generally, see § 10.002
It is the public policy of the city and the purpose of this chapter:
(a) That discriminatory practices based on race, color, sex, creed, religion, ancestry, national origin, familial status or disability with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services, or any of them, tend to create and intensify conditions of poverty, ill health, unrest, lawlessness and vice and adversely affect the public health, safety, order, convenience and general welfare; the rights, privileges and opportunities threatened by those discriminatory practices are hereby declared to be civil rights;
(b) To declare as civil rights the rights of all persons to the fullest extent of their capacities, and without regard to race, color, sex, creed, religion, ancestry, national origin, familial status or disability, equal opportunities with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations and public services;
(c) To prevent and prohibit any and all discriminatory practices based on race, color, sex, creed, religion, ancestry, national origin, familial status or disability, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services;
(d) To protect all persons from unfounded charges of discriminatory practices; and
(e) To effectuate this policy by means of public information and education, mediation and conciliation, and enforcement.
(1957 Rev. Ords., § 2.1801; 1972 Code, § 13-2; 1992 Code, § 21.5-2) (Ord. 2700, passed 8-17-1970; Ord. 52-73, passed 6-25-1973; Ord. 63-86, passed 6-23-1986; Ord. 51-91, passed 6-10-1991)
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