## Sexual harassment in South Dakota workplaces Sexual harassment is a form of sex discrimination prohibited by federal law (Title VII) and most state laws. South Dakota employers face liability for harassment by supervisors, co-workers, and even non-employees (clients, customers) under the right circumstances. ### South Dakota framework - **Coverage:** SD Human Relations Act (1+ employee) - **Training requirement:** No state mandate ## Two recognized types **1. Quid pro quo** ("this for that"). A supervisor or person with authority demands sexual favors in exchange for job benefits — promotion, raise, continued employment, favorable schedule. A single instance can support a claim. **2. Hostile work environment.** Conduct severe or pervasive enough to create an intimidating, hostile, or offensive working environment. Examples: - Repeated unwelcome sexual comments, jokes, or innuendo - Display of sexual images or material - Unwanted touching - Repeated requests for dates after refusal - Sexual gestures, leering - Sharing sexual content via email, text, social media Single offhand comment, occasional teasing, or one trivial incident — generally insufficient. The conduct must be objectively offensive (a reasonable person would find it offensive) and subjectively offensive (the plaintiff actually found it offensive). ## Who can be liable - **The harasser** (in some states, individually liable; not under federal Title VII) - **The employer** — for harassment by: - **A supervisor with tangible employment action** — strict liability (no defense) - **A supervisor without tangible action** — liable unless it can prove the Faragher/Ellerth defense (preventive measures + employee unreasonably failed to use them) - **Co-workers** — if the employer knew or should have known and failed to act - **Non-employees (clients, customers, vendors)** — same negligence standard ## Reporting Most employers are required to maintain anti-harassment policies with reporting procedures. If your employer has one: - **Use the procedure** — failure to use can give the employer a defense (Faragher/Ellerth) - **Document everything** — keep copies of reports, responses, retaliation - **Don't quit** — "constructive discharge" claims are harder than retaliation claims, but premature quitting can damage your case If your employer has no procedure, or the procedure is itself part of the problem (HR is the harasser, or HR is in cahoots), document and complain to: - A higher-level manager - An anonymous hotline if available - The state agency or EEOC ## Filing deadlines **EEOC:** 180 days from the incident (or 300 days in states with their own agency) **State agencies:** vary — check your state's deadline These deadlines are HARD. Missing them generally bars the claim entirely. ## Damages If you win: - **Back pay** - **Front pay** - **Compensatory damages** — emotional distress, therapy costs - **Punitive damages** — for willful misconduct (capped under federal law: $50K-$300K depending on employer size; uncapped under some state laws) - **Attorney's fees** — fee-shifting for prevailing plaintiffs - **Injunctive relief** — orders to change workplace policies ## Recent reform — NDAs and forced arbitration Two federal laws strongly affect sexual-harassment claims: **Speak Out Act (2022)** — bans pre-dispute NDAs covering sexual-harassment / sexual-assault claims. NDAs signed BEFORE the claim arose can't silence the victim. **Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (2022)** — gives sexual-harassment / sexual-assault claimants the right to invalidate pre-dispute arbitration clauses and bring their cases in court. Many states (CA, NY, NJ, IL, WA, others) added their own restrictions on NDAs and arbitration in employment harassment cases. ## Retaliation Retaliation for reporting sexual harassment is itself unlawful — and is the #1 type of EEOC charge filed nationally. Retaliation claims often succeed even when the underlying harassment claim doesn't, because: - A reasonable person standard applies - Even "reasonable belief" of harassment supports a retaliation claim - Adverse actions short of firing (negative reviews, pay cuts, exclusion from meetings) can qualify ## What you should do Sexual-harassment cases are among the most fact-sensitive employment claims — preservation of evidence and timing matter enormously. Talk to a South Dakota employment attorney immediately if you've been harassed; most plaintiff-side firms offer free or low-cost initial consultations and work on contingency. Don't sign a severance or release without legal review. Don't post about the harassment on social media. Document everything contemporaneously. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Sexual-harassment law has evolved significantly post-2017 (Speak Out Act, Ending Forced Arbitration Act, state-level reforms). Talk to a licensed South Dakota employment attorney about your specific situation.*