South Dakota Return to Office Mandate 2026

What is South Dakota’s return to office mandate?

South Dakota does not have a specific return to office mandate for private sector employers. The state operates under an at-will employment framework codified in South Dakota Codified Laws § 60-4-4, which allows employers to establish workplace policies, including return to office requirements, subject to anti-discrimination laws and accommodation obligations.

During the COVID-19 pandemic in 2020, Governor Kristi Noem issued temporary executive orders directing non-essential state government employees to work remotely. These orders have expired and applied only to state employees, not private sector workers.

Source: South Dakota Department of Labor and Regulation; South Dakota Secretary of State Executive Orders
Available at: https://dlr.sd.gov/ and https://sdsos.gov/

Does South Dakota’s lack of RTO mandate mean my employer cannot require me to return to the office?

No. Under South Dakota’s at-will employment doctrine (SDCL § 60-4-4), private sector employers may generally establish workplace location requirements, including requiring employees to work in-office. Employers may terminate employees who refuse to comply with lawful workplace policies, and employees may resign if they disagree with such policies.

Key exceptions:

• Employment contracts or collective bargaining agreements that guarantee remote work
• Situations requiring reasonable accommodation under disability discrimination laws
• Policies that have discriminatory effect based on protected characteristics
• Retaliation for engaging in protected activities

Source: South Dakota Codified Laws § 60-4-4; South Dakota Department of Labor and Regulation
Available at: https://sdlegislature.gov/ and https://dlr.sd.gov/employment_laws/

What are my accommodation rights under South Dakota law?

South Dakota’s Human Relations Act prohibits discrimination based on disability and requires employers of all sizes (even those with just one employee) to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would create undue hardship.

Key points:

• South Dakota law applies to all employers, unlike federal ADA which covers only employers with 15+ employees
• South Dakota follows the federal ADA definition of disability
• Reasonable accommodation may include telework/remote work arrangements, depending on the job and disability
• Employers must engage in an interactive process to identify effective accommodations
• Employees should request accommodations in writing when possible, though oral requests are also valid

To request an accommodation, inform your supervisor or HR department of your need for accommodation due to a disability. The employer may request medical documentation to support the request.

Contact for complaints: South Dakota Division of Human Rights at 605-773-4493

Source: South Dakota Human Relations Act (SDCL Chapter 20-13); South Dakota Department of Labor and Regulation
Available at: https://dlr.sd.gov/human_rights/

Can I request remote work as a reasonable accommodation?

Yes. According to EEOC guidance, telework or remote work may be a form of reasonable accommodation under the Americans with Disabilities Act, depending on the specific job duties and the individual’s disability.

Important considerations:

• Remote work is not automatically required as an accommodation
• Employers must engage in an interactive process to determine if remote work is an effective accommodation
• Employers may deny remote work if they can demonstrate it would cause undue hardship or if in-person attendance is an essential function of the job
• Employers cannot deny remote work accommodation solely because they prefer in-office work or offer it selectively to other employees

If your employer denies your accommodation request, they should provide a reason in writing and consider alternative accommodations.

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/

How do I file a discrimination complaint in South Dakota?

South Dakota Division of Human Rights:

Deadline: 180 days from the date of the alleged discriminatory act

How to file:

1. Contact the Division of Human Rights at 605-773-4493 or visit in person
2. Complete a Charging Party Intake Form (Employment) available at https://dlr.sd.gov/human_rights/forms.aspx
3. Submit the form by mail, in person, or as directed by Division staff

Address:
Division of Human Rights
South Dakota Department of Labor and Regulation
123 W. Missouri Avenue
Pierre, SD 57501

EEOC (for employers with 15+ employees):

Deadline: 300 days from the date of the alleged discriminatory act (in states with worksharing agreements like South Dakota)

How to file:

1. Visit EEOC Public Portal at https://publicportal.eeoc.gov/ to schedule an intake appointment
2. Or call 1-800-669-4000 to schedule
3. Attend intake interview (by phone, video, or in-person)

Note: South Dakota has a worksharing agreement with EEOC. If you file with the Division of Human Rights regarding an employer with 15+ employees, your complaint will also be filed with EEOC automatically. You do not need to file separately with both agencies.

Source: South Dakota Division of Human Rights; U.S. Equal Employment Opportunity Commission
Available at: https://dlr.sd.gov/human_rights/ and https://www.eeoc.gov/

What is South Dakota’s Human Relations Act?

The South Dakota Human Relations Act of 1972 (SDCL Chapter 20-13) is the state’s primary anti-discrimination law. It prohibits discrimination based on race, color, creed, religion, sex, ancestry, disability, or national origin.

Coverage:

• Employment practices
• Labor union membership and services
• Housing accommodations
• Education
• Public accommodations and services
• Property rights

Employer coverage: Applies to all employers with one or more employees (broader than many federal laws)

Enforcement: South Dakota Division of Human Rights investigates complaints and the Human Rights Commission holds hearings on justified complaints

Retaliation protection: The Act prohibits retaliation against individuals who file complaints, testify, or assist the Division of Human Rights

Source: South Dakota Codified Laws Chapter 20-13; South Dakota Department of Labor and Regulation
Available at: https://sdlegislature.gov/ and https://dlr.sd.gov/human_rights/

Where do I file an EEOC complaint in South Dakota?

South Dakota residents file EEOC complaints through the EEOC Denver Field Office, which has jurisdiction over Colorado, Montana, North Dakota, South Dakota, Wyoming, and Nebraska.

EEOC Denver Field Office:
950 17th Street, Suite 300
Denver, CO 80202

Phone: 1-800-669-4000 (national)
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Email: info.dfo@eeoc.gov

Filing methods:

• Online: Schedule intake appointment through EEOC Public Portal (https://publicportal.eeoc.gov/)
• By phone: Call 1-800-669-4000 to schedule appointment
• In person: Visit Denver office (appointment strongly recommended)

Hours: Lobby hours 8:00 a.m. to 4:30 p.m. Monday-Friday; intake interviews conducted every day except Wednesdays

Important: Filing deadlines are strict (180 or 300 days depending on circumstances). Contact EEOC as soon as possible if you believe you have experienced discrimination.

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/denver

What is at-will employment in South Dakota?

According to South Dakota Codified Laws § 60-4-4:

“An employment having no specified term may be terminated at the will of either party on notice to the other, unless otherwise provided by statute.”

What this means:

• Employers can terminate employment at any time for any legal reason or no reason at all
• Employees can resign at any time for any reason or no reason
• No advance notice is legally required (unless specified by contract)
• No “just cause” is required for termination (unlike Montana, the only non-at-will state)

Exceptions to at-will employment:

• Employment contracts specifying different terms
• Collective bargaining agreements
• Terminations that violate anti-discrimination laws
• Terminations that violate public policy (e.g., retaliation for jury duty, whistleblowing)
• Terminations that breach implied contracts

Application to return to office: Employers may require employees to work in-office and may terminate employees who refuse, unless the refusal is based on a need for reasonable accommodation or another legal protection.

Source: South Dakota Codified Laws § 60-4-4; South Dakota Department of Labor and Regulation
Available at: https://sdlegislature.gov/ and https://dlr.sd.gov/employment_laws/

Can my employer fire me for refusing to return to the office in South Dakota?

Generally, yes, under South Dakota’s at-will employment doctrine (SDCL § 60-4-4), unless specific legal protections apply to your situation.

Situations where termination may be unlawful:

Disability accommodation: If you have a disability and require remote work as a reasonable accommodation, your employer must engage in an interactive process to consider your request. Termination for requesting or needing accommodation may violate disability discrimination laws.

Discriminatory reason: If the return to office requirement has a discriminatory effect on protected classes (race, color, creed, religion, sex, ancestry, disability, national origin), termination may be unlawful.

Contract protection: If you have an employment contract or are covered by a collective bargaining agreement that guarantees remote work or requires cause for termination, the employer must honor those terms.

Retaliation: If you are terminated for engaging in protected activity (such as filing a discrimination complaint or requesting accommodation), this may constitute unlawful retaliation.

If you believe your termination was unlawful, contact the South Dakota Division of Human Rights (605-773-4493) or consult with a licensed employment attorney.

Source: South Dakota Codified Laws § 60-4-4 and Chapter 20-13
Available at: https://sdlegislature.gov/

What is the difference between state employee and private sector return to office requirements in South Dakota?

State Employees:

State of South Dakota employees are not covered by at-will employment in the same way as private sector workers. State employees may be subject to specific policies set by the Bureau of Human Resources or individual state agencies.

During the COVID-19 pandemic, Governor Kristi Noem issued executive orders directing non-essential state employees to work remotely. These orders have expired.

Current state employee telework policies, if any, would be set by state agency policies or collective bargaining agreements with public employee unions.

Private Sector Employees:

Private sector employees in South Dakota are generally at-will employees under SDCL § 60-4-4. Private sector employers may establish their own return to office policies without state mandate or regulation, subject to:

• Anti-discrimination laws (SDCL Chapter 20-13 and federal laws)
• Reasonable accommodation obligations
• Employment contracts or collective bargaining agreements
• Anti-retaliation protections

Common requirements:

Both state and private sector employers must comply with:

• South Dakota Human Relations Act anti-discrimination provisions
• Federal anti-discrimination laws (for covered employers)
• Reasonable accommodation requirements for disabilities

Source: South Dakota Department of Labor and Regulation; South Dakota Codified Laws
Available at: https://dlr.sd.gov/ and https://sdlegislature.gov/

Are there pending return to office bills in the South Dakota Legislature?

As of January 6, 2026, no pending legislation specifically addressing return to office mandates or remote work requirements for private sector employers has been identified through searches of the South Dakota Legislature website.

To monitor for future legislation:

Visit the South Dakota Legislature website bill search:
Website: https://sdlegislature.gov/
Search terms: “return to office”, “remote work”, “telework”, “workplace location”
Current session: 2026 legislative session

Note: The South Dakota Legislature typically convenes in January of each year. New bills may be introduced during the legislative session.

For questions about proposed legislation, contact your South Dakota state legislators or the Legislative Research Council.

Source: South Dakota Legislature
Available at: https://sdlegislature.gov/

Does South Dakota have right-to-work laws?

Yes. South Dakota is a “right-to-work” state, which means that employees cannot be required to join a labor union or pay union dues as a condition of employment.

According to SDCL § 60-8-4, any agreement requiring union membership or union dues payment as a condition of employment is a Class 2 misdemeanor.

Application to return to office: Right-to-work laws do not directly affect return to office policies, but they mean that non-union employees cannot be required to accept union-negotiated terms regarding workplace location unless they individually agree to such terms.

However, employees who are union members and covered by collective bargaining agreements must follow the terms of those agreements, which may include provisions about workplace location or remote work.

Source: South Dakota Codified Laws § 60-8-4; South Dakota Department of Labor and Regulation
Available at: https://sdlegislature.gov/ and https://dlr.sd.gov/employment_laws/

How long do I have to file a discrimination complaint in South Dakota?

South Dakota Division of Human Rights: 180 days from the date of the alleged discriminatory act

U.S. Equal Employment Opportunity Commission (EEOC):

• 180 days if filing only with EEOC
• 300 days if filing in a state with a worksharing agreement (South Dakota has such an agreement)

Important notes:

Time is critical: These deadlines are strict. If you miss the deadline, you may lose your right to file a complaint with these agencies and pursue legal remedies.

Dual-filing: South Dakota has a worksharing agreement with EEOC. If you file with the South Dakota Division of Human Rights regarding an employer with 15 or more employees, your complaint will automatically be filed with EEOC as well. You do not need to file separately with both agencies.

When time starts: The deadline generally begins on the date of the discriminatory act. For continuing violations (such as ongoing harassment), different rules may apply. Consult with the Division of Human Rights or an attorney if you are unsure about the deadline in your situation.

Contact immediately: If you believe you have experienced discrimination, contact the South Dakota Division of Human Rights at 605-773-4493 or EEOC at 1-800-669-4000 as soon as possible.

Source: South Dakota Division of Human Rights; U.S. Equal Employment Opportunity Commission
Available at: https://dlr.sd.gov/human_rights/ and https://www.eeoc.gov/

What should I do if my employer denies my accommodation request?

If your employer denies your request for reasonable accommodation (such as remote work):

1. Request written explanation: Ask your employer to provide in writing the reason for the denial and what alternative accommodations, if any, they can offer.

2. Engage in continued interactive process: The interactive process should be ongoing. Discuss alternative accommodations that might address your needs.

3. Document everything: Keep copies of all written communications, notes from meetings, medical documentation, and your accommodation requests.

4. File a complaint if necessary:

If you believe the denial was improper, you can file a discrimination complaint with:

South Dakota Division of Human Rights
Phone: 605-773-4493
Address: 123 W. Missouri Avenue, Pierre, SD 57501
Deadline: 180 days from denial

EEOC (for employers with 15+ employees)
Phone: 1-800-669-4000
Website: https://publicportal.eeoc.gov/
Deadline: 300 days from denial (in South Dakota)

5. Consult an attorney: Consider consulting with a licensed employment attorney who can review your specific situation and advise you on your legal options.

Do not wait: Filing deadlines are strict. Act promptly if you believe your rights have been violated.

Source: South Dakota Division of Human Rights; U.S. Equal Employment Opportunity Commission
Available at: https://dlr.sd.gov/human_rights/ and https://www.eeoc.gov/