20-13-16. Seniority and merit preferences permitted--Place of work differentials.Notwithstanding any provision of §§20-13-10 to 20-13-13, inclusive, it is not an unfair or discriminatory practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if such differences are not the result of an intention to discriminate because of race, color, creed, religion, sex, ancestry, disability, or national origin. Source: SL 1972, ch 11, §6(6); SL 1973, ch 142, §4; SL 1986, ch 170, §12; SL 1991, ch 179, §12.
South Dakota Legal Code