Discrimination & Harassment

Human Relations investigates and processes complaints of discrimination and harassment based on protected class status. If you believe you have experienced illegal discrimination, contact us to request paperwork to initiate the process of filing a complaint. The paperwork to initiate a complaint can be sent via mail or email. A complaint may also be initiated electronically by submitting a Discrimination Inquiry.

Who is protected from discrimination?

The law establishes groups of people with a common characteristic that are legally protected from discrimination, harm, or harassment on the basis of that characteristic. Protected classes are created by federal, state, and local laws.

In Sioux Falls, you are protected from being discriminated against because of your:

  • Race
  • Color
  • National Origin
  • Religion
  • Sex
  • Disability
  • Familial Status (Housing Only)
  • Ancestry
  • Creed

It is also illegal to retaliate against you for engaging in a protected activity under civil rights laws. Protected activities include filing a complaint of discrimination, refusing to engage in discriminatory practices, opposing discriminatory practices, assisting or participating in an investigation or hearing of discriminatory action, or requesting a reasonable accommodations for religion or disability.

Where are you protected from discrimination?

Housing

The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, familial status, sex, and disability. Sioux Falls and the State of South Dakota have additional protections for ancestry and creed. Sioux Falls Human Relations processes housing discrimination complaints under Chapter 98 of City Ordinance and promotes equal access through education, outreach, and technical assistance specifically related to fair housing laws. Discrimination in housing occurs when, based on a protected class, someone involved in a housing transaction:

  • Refuses to rent or sell
  • Falsely states that housing is not available
  • Only shows certain properties to certain types of people
  • Sets different terms, conditions, or privileges
  • Refuses to make accommodations
  • Harasses, coerces, intimidates, or interferes with anyone exercising or assisting someone in exercising their housing rights.

To learn more about your rights in housing, contact Sioux Falls Human Relations at 605-367-HOME (367-4663).

Complaints of housing discrimination can be filed with Sioux Falls Human Relations, the South Dakota Division of Human Rights, the U.S. Department of Housing and Urban Development (HUD), or privately in court. Individuals may not dual file housing discrimination complaints through multiple agencies.

 

Employment

Local, state, and federal laws prohibit discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, genetic information, ancestry, and creed.  

Human Relations is a Fair Employment Practices Agency (FEPA) and contracts with the Equal Employment Opportunity Commission (EEOC) to enforce federal employment discrimination law. Complaints of discrimination in employment are dial filed with the EEOC. The Human Relations Office affirmatively seeks to resolve disputes and reach agreements between parties where violations of Civil Rights Laws are alleged through both formal and informal mediation and conciliation. 

Discrimination in employment occurs when, based on a protected class, an employer: 

  • Fails or refuses to hire 
  • Discharges or terminates
  • Accords adverse, unlawful, or unequal treatment to any person or employee in the application, hiring, training, promotion, compensation, or other terms or conditions of employment.

Public Accommodations

Local ordinance defines public accommodations as any and all businesses within City limits that provide goods or services to the public. These include, but are not limited to, theaters, hotels/motels, restaurants, salons, financial institutions, and others. Under City Ordinance, discrimination in these areas is illegal if based on the protected classes of race, color, national origin, religion, disability, sex, creed, religion, ancestry, or creed. This includes failing or refusing to provide someone access to the services and facilities of the business, or treating them adversely or unequally in relation to availability of services, prices, scope and quality, terms and conditions.

Education

Discrimination in schools and institutions of higher education based on race, color, national origin, language, sex, religion, and disability is unlawful under state, local, and federal laws. Examples of educational discrimination include:

  • Different treatment in admissions, financial aid, discipline, or grading
  • Hateful displays or insulting language
  • Sexual assault or harassment
  • Physically inaccessible facilities
  • Refusal to provide reasonable accommodations

Public Service

Local ordinance defines public services as services or facilities provided within the city to the general public, including those from a public corporation, public facility, department, or agency owned, operated, or managed by or on behalf of the state or any subdivision. Discrimination based on race, color, sex, creed, religion, ancestry, national origin, or disability is unlawful under local ordinance if it occurs in public services. This can mean these agencies failing or refusing to provide someone access to the services, or providing services under different terms and conditions.

 

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