I am very impressed with the South Dakota Department of Labor Web site. When I was looking up the basic principles in the South Dakota Unemployment Insurance law, the Web site answered all of my questions and served as a great resource.
Basically, this is what I found out about the South Dakota Unemployment Insurance Law:
In South Dakota, employees are entitled to unemployment insurance when they lose their jobs. Unemployment insurance is paid by the employer for the employees. The insurance basically provides financial assistance for employees that have lost their jobs through no fault of their own. For example, if an employee is laid off, or if a company closes, the employer will have paid unemployment insurance that will accommodate that employee until he or she finds alternative employment. Thus, workers do not have to contribute to the unemployment insurance plan in order to receive the benefits of it.
If an employee does collect unemployment insurance benefits, the employee has to prove that he or she is without employment through no fault of his or her own. Additionally, the employee must actively seek employment. He or she must file a report weekly, stating which jobs he or she applied to and the outcome of those applications. If the employee is offered a position that he or she then declines, then the employee must have a good reason.
If the employee finds part time work, then there are still some assistance benefits that can be provided by the unemployment insurance. The important thing to note is that unemployment insurance will not last forever and can only be used by individuals that are actively seeking employment. There is also a cap on the amount of money that can be received through unemployment insurance each week and, in most cases, this amount of money one can make is much greater when a person if fully employed.
I know that employers and businesses must abide by the rules contained in the discrimination section of the District of Columbia’s Human Rights Act. The act prohibits discrimination during employee hiring, promotion, training, recruitment, reassignment, separation or termination. This applies to employers, employment agencies, and labor boards, and they must post the discrimination information in their businesses.
Two new anti-discrimination categories were added in April 2006 to make the bill more up-to-date with current events. Genetic testing results can’t be used as a means of discrimination, and can’t be demanded by an employer. Also, gender identity or expression (i.e. transsexual or transgendered) can’t be used to discriminate against a person. The person must also be referred to by their chosen orientation.
I know that employers can’t discriminate on the basis of other factors, such as:
- Marital Status or family responsibilities
- Place of Residence
- Personal Appearance
- Political Affiliation
- Race, color or national origin
- Sex (Gender or sexual harassment)
- Source of Income
I know that the law specifically states that sexual harassment is a form of sex discrimination which is prohibited by the Act. It also states that pregnancy, childbirth, or related medical conditions are also covered under sex discrimination. .
Employers, supervisors or co-workers who violate these laws will be subject to disciplinary action.
If an employee feels that he has been discriminated against, they have one year to either go directly to court to file a complaint, or they can report the act within 180 days to their company equal opportunity department. The department then has 21 days to resolve the matter. There are other procedures to follow if the matter still isn’t resolved to the employee’s satisfaction.
The discrimination laws are detailed on the District of Columbia Complete Labor Law poster to allow for easy accessibility from all employees. For forms, information and help, an employer or employee can visit the District of Columbia Office of Human Rights.