Disability

“Disability” is defined as a physical or mental condition that limits a person's movements, senses, or activities.

There are two laws that are covered in South Dakota regarding disabilities whether it is a public or a personal business no matter the size. The South Dakota Human Relations Act bans employment practices that discriminate on disability (SD Cod. Laws Sec. 20-13-1 et seq.).  Another state law prohibits employers from discriminating against future workers or employees on the physical foundation of genetic information.

Employers must make a “good belief” effort to help applicants adapt and employees with disabilities, unless the accommodation would pose an undue hardship (S Cod. Laws Sec. 20-13-23.7).           

COBRA

   South Dakota has a mini-COBRA unlike the Federal COBRA, where the mini-COBRA law covers employers with less than twenty full-time workers. It covers businesses with up to two to nineteen employees and extends coverage for 18 months.  The employee must make coverage accessible for up to three years for spouses and dependent children if there is a death, and a year and six months for the employee them self. Whereas the Federal COBRA law requires that employers with at least twenty full-time employees must allow released employees the fair to continue the group health benefits for up to eighteen months after discharge and thirty-six months if there is a certify event.