South Dakota Whistleblower Laws: Protections and How to Report

Overview of South Dakota Whistleblower Laws

South Dakota is an employment-at-will state. Employers can fire workers for any lawful reason or for no reason at all. However, important exceptions protect employees who report illegal or unethical conduct from retaliation. These protections come from two sources: common law principles created by courts and statutory protections enacted by the South Dakota Legislature.

South Dakota's whistleblower protections are narrower than many other states. The state does not have a comprehensive whistleblower statute covering all private-sector employees. Instead, protections are spread across several targeted laws that address specific industries and situations.

This guide explains who is protected, what activities qualify, how to file a complaint, available remedies, and the federal laws that supplement South Dakota's state protections. For broader context, review the Federal Whistleblower Laws that apply in every state.

Who Qualifies as a Whistleblower in South Dakota

State Civil Service Employees

Under SDCL 3-6D-22, state civil service employees who report violations of state law through proper channels are protected from retaliation. This protection applies to employees within the state civil service system who report to the attorney general's office, the State Government Accountability Board, or through their agency's chain of command.

Private-Sector Employees

Private-sector workers receive protections through specific statutes governing wages, discrimination, and certain industries. South Dakota does not have a single broad whistleblower law for private employees, but the combination of state and federal statutes provides meaningful coverage in many situations.

Common Law Protections for Whistleblowers

South Dakota courts recognize a public policy exception to the employment-at-will doctrine. Under this exception, it is illegal for employers to discharge an employee for reasons that violate a well-established public policy. Courts look to existing statutes, constitutional provisions, and prior judicial decisions when evaluating whether a termination violates public policy.

South Dakota common law generally protects employees who engage in the following activities:

• Refusing to participate in illegal activities directed by an employer
• Filing a workers' compensation claim after a workplace injury
• Reporting unlawful conduct to the appropriate authority

An employee who is terminated in violation of public policy may file a wrongful discharge lawsuit. The general statute of limitations for such claims is three years from the date of the retaliatory action.

Statutory Protections for South Dakota Whistleblowers

State Civil Service Whistleblower Protection (SDCL 3-6D-22)

Under SDCL 3-6D-22, a state civil service employee may file a grievance with the Civil Service Commission if the employee believes retaliation occurred because of:

• Reporting a violation of state law through the chain of command of the employee's agency
• Reporting a violation of state law to the attorney general's office
• Reporting to the State Government Accountability Board
• Filing a suggestion under the civil service statute

This protection is limited to employees within the state civil service system. It does not extend to local government employees, private-sector workers, or state employees who fall outside the civil service classification.

Wage Payment Protections (SDCL 60-11-17.1)

South Dakota law prohibits employers from discharging, threatening, or discriminating against an employee for:

• Filing a complaint about unpaid wages with the employer or the Department of Labor and Regulation
• Filing a complaint under the wage payment statute
• Planning to institute a proceeding under the statute
• Testifying or planning to testify in a proceeding under the statute

This protection applies to all employees covered by South Dakota's wage payment laws, including private-sector workers. SDCL 60-11-17.1

Wage Discrimination Based on Sex (SDCL 60-12-21)

Employers cannot terminate, threaten, or retaliate against an employee for:

• Filing a charge under the sex-based wage discrimination law
• Testifying against the employer in an action under the statute
• Providing information against the employer in a wage discrimination action

This statute specifically addresses pay equity between men and women performing comparable work. SDCL 60-12-21

Employment Discrimination (SDCL 20-13-26)

Under the South Dakota Human Relations Act, it is illegal for any person to threaten or discriminate against another person for:

• Filing a charge of discrimination under the Act
• Testifying or assisting in the enforcement of provisions under the Act

The South Dakota Human Relations Act prohibits discrimination based on race, color, creed, religion, sex, ancestry, disability, or national origin. This anti-retaliation provision protects both employees and other individuals who participate in discrimination proceedings.

Abortion-Related Employment Protections (SDCL 34-23A-11)

No agency or institution may retaliate against an employee for:

• Advising or helping an individual to arrange for an abortion
• Refusing to arrange or encourage abortion

This statute applies to counselors, social workers, and persons whose work may involve abortion-related questions. SDCL 34-23A-11

Abuse and Neglect of Disabled Persons (SDCL 27B-8-43)

No agency, community service provider, facility, or school may retaliate against an employee for reporting in good faith suspected abuse, neglect, or exploitation of a person with a developmental disability. This protection covers employees who make reports to the appropriate authorities about vulnerable individuals in care settings. SDCL 27B-8-43

Statute of Limitations and Filing Deadlines

South Dakota whistleblowers face different deadlines depending on the statute they use. Missing a deadline can permanently bar a claim.

State Civil Service Employees. An employee may file a grievance with the Civil Service Commission. Specific deadlines are governed by the civil service grievance procedures.

Discrimination Claims. Complaints must be filed with the South Dakota Division of Human Rights within 180 days of the retaliatory action. A complainant may also choose to file a private lawsuit within one year of the retaliation, but must first request permission from the Division to proceed.

Wage Claims. The statute does not specify a unique filing deadline. The general three-year statute of limitations for civil actions applies.

Common Law Wrongful Discharge. Lawsuits must be filed within three years of the retaliatory action.

How to File a Whistleblower Complaint in South Dakota

State Civil Service Employee Claims

1. Report the violation of state law through your agency's chain of command, to the attorney general's office, or to the State Government Accountability Board.
2. If retaliation occurs, file a grievance with the Civil Service Commission.
3. The Commission will investigate and determine whether retaliation took place.
4. If the grievance is not resolved to your satisfaction, additional legal options may be available.

Discrimination Claims

1. File a complaint with the South Dakota Division of Human Rights within 180 days of the retaliatory action. Call 605-773-3681 to begin the process.
2. The Division will investigate the complaint and attempt to resolve it through mediation or conciliation.
3. If the complaint cannot be resolved, you may request permission to file a private lawsuit in court within one year of the retaliation.

Wage Violation Claims

1. File a complaint with the South Dakota Department of Labor and Regulation about unpaid wages or wage-related retaliation.
2. The Department will investigate and take enforcement action if warranted.
3. You may also have the right to file a private lawsuit seeking damages.

Remedies and Penalties for Retaliation

General Remedies

When a court or agency finds that unlawful retaliation occurred, the whistleblower may be entitled to:

• Reinstatement to their former position
• Payment of lost wages
• Actual damages
• Litigation costs
• Any other relief the court deems appropriate

Wage Violation Penalties

Employers who violate South Dakota's wage payment laws may owe the affected employee:

• Unpaid wages
• Liquidated damages (additional monetary penalties)
• Litigation costs, including reasonable attorney fees

Discrimination Remedies

The South Dakota Human Relations Act allows for remedies including reinstatement, back pay, and other equitable relief. The Division of Human Rights may also impose administrative penalties on employers found to have engaged in unlawful discrimination or retaliation.

Federal Whistleblower Protections in South Dakota

Several federal laws provide whistleblower protections that apply to South Dakota workers regardless of state law. These are particularly important in South Dakota because the state's own whistleblower statutes have limited scope.

Federal False Claims Act (31 U.S.C. Sections 3729-3733). South Dakota does not have a state False Claims Act. However, workers who report fraud against the federal government (such as Medicare or Medicaid fraud) can file qui tam lawsuits under the federal False Claims Act. Successful whistleblowers may receive 15% to 30% of any recovered funds and are protected from employer retaliation.

Sarbanes-Oxley Act (SOX). Employees of publicly traded companies who report securities fraud or violations of SEC rules are protected from retaliation. Complaints must be filed with OSHA within 180 days.

Title VII of the Civil Rights Act. Workers who report workplace discrimination or participate in EEOC investigations are protected from retaliation nationwide.

OSHA Section 11(c). Federal OSHA protects workers who report unsafe working conditions. Complaints must be filed within 30 days of the retaliatory action.

Dodd-Frank Act. Provides financial rewards and anti-retaliation protections for individuals who report securities violations to the SEC.

Whistleblower Contact Information

• South Dakota Division of Human Rights: 605-773-3681
• South Dakota Department of Labor and Regulation: dlr.sd.gov
• Federal OSHA: 1-800-321-OSHA (1-800-321-6742)
• SEC Whistleblower Office: 1-202-551-4790
• State Government Accountability Board: Contact the Governor's Office for referral