Pregnancy Discrimination in South Dakota in SD — Employment Law Legal Guide | CGMIMM

## Pregnancy discrimination in South Dakota Federal + South Dakota law protects pregnant workers from discrimination AND requires employer accommodations. The Pregnant Workers Fairness Act (PWFA), effective June 2023, dramatically expanded protections. ## Federal protections **1. Pregnancy Discrimination Act (PDA, 1978):** - Amended Title VII - Pregnancy = sex discrimination - Cannot be treated worse than other temporary disabilities - Same accommodations + benefits as other workers with similar limitations - Applies to employers with 15+ employees **2. Pregnant Workers Fairness Act (PWFA, 2023):** - AFFIRMATIVE DUTY to provide reasonable accommodations - Pregnancy + childbirth + related conditions - Similar framework to ADA - More expansive than PDA - Applies to employers with 15+ employees **3. Family and Medical Leave Act (FMLA):** - 12 weeks unpaid leave for pregnancy / childbirth - Job-protected - Health insurance maintained - 50+ employee employers - 12 months / 1,250 hours eligibility **4. PUMP Act (2022):** - Reasonable break time + private space for pumping - Up to 1 year after birth - All non-exempt employees + many exempt employees - Federal protection regardless of state law **5. ADA (Americans with Disabilities Act):** - Pregnancy-related conditions sometimes covered - Severe morning sickness, gestational diabetes, etc. - Reasonable accommodations required **6. Title VII (sex discrimination generally):** - Cannot fire / demote / refuse to hire because pregnant - Cannot harass based on pregnancy - Cannot retaliate for complaining ## State-specific protections **${s.name} may have additional protections:** - Lower employer-size threshold (some states 1-15 employees) - More expansive accommodations - State-specific paid family leave - State pregnancy disability leave - Specific protected conditions - Stronger remedies ## What employers must do (PWFA) **Reasonable accommodations** for pregnancy-related limitations: - Stool / chair to sit - More frequent breaks - Schedule modifications - Light duty / job restructuring - Telework where feasible - Time off for medical appointments - Modified work rules - Modified equipment / dress code - Modified workstation - Postpartum / pumping accommodations - Lactation breaks + space - Time off for recovery - Light duty after C-section **Interactive process:** - Employer must engage with employee - Discuss accommodation needs - Identify reasonable solutions - Implement timely **Employer can show "undue hardship":** - Significant difficulty / expense - Same standard as ADA - High bar for employer ## What employers CANNOT do - **Fire** because of pregnancy - **Refuse to hire** because of pregnancy - **Demote / reduce hours** because of pregnancy - **Force unpaid leave** when accommodation possible - **Force time off** while still able to work - **Refuse to consider promotion** - **Reduce benefits** - **Stop providing health insurance** - **Harass / create hostile environment** - **Retaliate** for asserting rights - **Treat differently** from other temporary conditions ## Common pregnancy discrimination scenarios **Hiring:** - "Are you / planning to be pregnant?" (illegal) - Withdrawal of offer after disclosure - Different treatment in interviews **On the job:** - Sudden negative reviews after announcement - Removed from key projects - "Suggesting" leave when you want to work - Refusing reasonable accommodations - Forcing return before ready - Demanding doctor's notes for everything - Making job harder than necessary **Termination:** - Fired for "performance" right after announcement - Fired during leave - Position "eliminated" (suddenly) - Fired before / after specific maternity events **Postpartum:** - Refused pumping breaks - Refused lactation accommodations - Demoted upon return - Pressured to quit - Different treatment than pre-pregnancy ## Critical timing — protected dates **Pregnancy + immediately after:** - During pregnancy - During delivery / recovery - During FMLA leave - Postpartum medical recovery - Lactation period (PUMP Act) **Adverse actions during these periods get heightened scrutiny.** ## Damages available **Title VII / PDA / PWFA:** - Lost wages (back pay + front pay) - Reinstatement - Compensatory damages (emotional distress, suffering) - Punitive damages (limited caps) - Attorney's fees + costs - Capped by employer size: - 15-100 employees: $50K cap on compensatory + punitive - 101-200: $100K - 201-500: $200K - 501+: $300K - (Cap doesn't apply to lost wages) **State law often higher:** - Higher / no caps - Treble damages - Statutory penalties ## Filing deadlines **EEOC charge:** - 180 days from discrimination (300 days in deferral states) - Required before lawsuit - Right-to-sue letter **State agency:** - May have shorter / longer deadlines - Coordinated with EEOC sometimes **Lawsuit:** - 90 days from right-to-sue letter - State law claims may have different deadlines **FMLA:** - 2 years (3 willful) statute of limitations - Direct to court (no agency exhaustion) ## Evidence to preserve - **All employment communications** (emails, texts) - **Performance reviews** (especially before / after pregnancy) - **Schedule changes** - **Job descriptions** (before / after) - **Communications with HR** - **Communications with manager** - **Doctor's notes / medical documentation** - **Accommodation requests** (in writing) - **Witness names + contact info** - **Comparator information** (how others treated) - **Records of timing** (announcement, adverse actions) ## Smart employee practices **Document EVERYTHING:** - Date + summarize every relevant interaction - Save emails (forward to personal email if allowed) - Keep notes of conversations - Print performance reviews - Save before discrimination becomes apparent **Communicate accommodations in writing:** - Email requests (not just verbal) - Reference specific medical needs - Cite PWFA / state law - Follow up if no response **Don't quit:** - Constructive discharge harder to prove - Force them to fire you (if they will) - Mitigates damages issue **Get medical documentation:** - Specific work restrictions - Need for accommodations - Duration of restrictions ## Common employer defenses - **Performance issues** — pre-existed pregnancy - **Position elimination** — actual reorganization - **Undue hardship** — accommodation impossible - **Direct threat** — safety risk to employee / others - **Inability to perform essential functions** — even with accommodation - **No knowledge** of pregnancy ## What you should do If you're facing pregnancy discrimination in South Dakota: document everything, file an EEOC charge within 180-300 days, and consult an employment attorney. Many South Dakota employment attorneys offer free consultations and work on contingency. Pre-suit demand letters often resolve cases. Don't quit before consulting counsel. --- *This guide is general information about federal + South Dakota law as of mid-2026 and is not legal advice. Pregnancy discrimination cases are time-sensitive. Talk to a licensed South Dakota employment attorney about your specific situation.*