CHAPTER 20:03:02
CHARGES
Section
20:03:02:01 Charge by aggrieved person, by organization against employees or members, or by public official.
20:03:02:02 Withdrawal of charge.
20:03:02:03 Contents -- Amendment.
20:03:02:04 Charge forwarded by the United States equal employment opportunity commission.
20:03:02:01. Charge by aggrieved person, by organization against employees or members, or by public official. A charge shall be considered filed when received by the division of human rights, a commissioner, or by any duly authorized agent of the division.
The charge shall be in writing and signed and shall be verified. Forms for charges shall be made available to all persons from the division of human rights in Pierre, South Dakota, or from any member of the commission.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 17, 1977; 5 SDR 27, effective October 17, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 20-13-29.
20:03:02:02. Withdrawal of charge. A charge filed by an aggrieved person or by an organization may be withdrawn only upon written request of the charging party and only with the consent of the division or its duly authorized agent.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 5 SDR 27, effective October 17, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 20-13-29.
20:03:02:03. Contents -- Amendment. Each charge shall contain the following:
(1) The full name, address, and telephone number of the person making the charge;
(2) A clear and concise statement of the facts, including pertinent dates, constituting the alleged unfair or discriminatory practice.
Notwithstanding the provisions of subdivisions (1) and (2) of this section, a charge is sufficient when the division receives from the person aggrieved a written statement sufficiently precise to identify the parties and to describe generally the action or practices complained of. A charge may be amended to cure technical defects or omissions, including failure to swear to the charge; to clarify or amplify allegations made in the charge; to add, remove, or change a party; or if the purposes of the Act will be served by amendment, and such amendments shall relate back to the original filing date. All such amended charges shall be served immediately upon the respondent after receipt. However, an amendment alleging additional acts constituting unfair or discriminatory practices not directly related to or growing out of the subject matter of the original charge may be permitted only where at the date of the amendment the allegation could have been timely filed as a separate charge.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
20:03:02:04. Charge forwarded by the United States equal employment opportunity commission. The division may accept charges of unlawful employment discrimination filed within 180 days of the alleged discriminatory act with the United States equal employment opportunity commission and transmitted by registered mail by the United States equal employment opportunity commission to the division, as long as such charges allege an unfair or discriminatory practice within the meaning of SDCL 20-13, are under the jurisdiction of the Act, are filed within 180 days of the alleged discriminatory act with the division, and otherwise comply with SDCL 20-13. Receipt of the charge in the office of the equal employment opportunity commission shall constitute the filing of the charge with the division of human rights.
Source: SL 1975, ch 16, § 1; 3 SDR 49, effective January 18, 1977; 5 SDR 27, effective October 17, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 20-13-8, 20-13-29, 20-13-31; 42 U.S.C. 2000e-5(c).
