South Dakota Whistleblower Laws: Protections and How to Report

South Dakota bars every state and local government employer from retaliating against an employee who reports, in good faith, a suspected violation of law, an abuse of funds or authority, or a danger to public health or safety under SDCL 3-16-9, and laws enacted in 2025 gave state employees their own cause of action under SDCL 3-6C-36. Private-sector workers have no broad statutory protection but may rely on the common-law public policy exception, plus targeted statutes covering workers' compensation retaliation, wage complaints, employment discrimination, and abuse reporting.

Overview of South Dakota Whistleblower Laws

South Dakota is an employment-at-will state. Employers can fire workers for any lawful reason or for no reason at all. However, important exceptions protect employees who report illegal or unethical conduct from retaliation. These protections come from two sources: common law principles created by courts and statutory protections enacted by the South Dakota Legislature.

South Dakota's statutory whistleblower protections are strongest for public employees. The state does not have a comprehensive whistleblower statute covering all private-sector employees. Instead, private-sector protections are spread across several targeted laws that address specific industries and situations.

This guide explains who is protected, what activities qualify, how to file a complaint, available remedies, and the federal laws that supplement South Dakota's state protections. For broader context, review the Federal Whistleblower Laws that apply in every state.

Who Qualifies as a Whistleblower in South Dakota

Public Employees at the State and Local Level

Under SDCL 3-16-9, no department, bureau, board, or commission of the state or any of its political subdivisions may dismiss, suspend, demote, decrease the compensation of, or take any other retaliatory action against an employee because the employee reports in good faith to an appropriate authority a violation or suspected violation of a law or rule, an abuse of funds or abuse of authority, or a substantial and specific danger to public health or safety. The only carve-outs are reports that are specifically prohibited by law and reports the employee knows are false or makes in reckless disregard of the truth.

Because the statute reaches political subdivisions, it covers county, city, township, and school district employees, not just state workers. For an employee of a political subdivision, SDCL 3-16-9 names the appropriate authority: that subdivision's human resources department, if it has one, any state's attorney, or the attorney general.

State Civil Service Employees

Under SDCL 3-6D-22, state civil service employees who report violations of state law through proper channels are protected from retaliation. This protection applies to employees within the state civil service system who report to the attorney general's office, the State Government Accountability Board, or through their agency's chain of command.

Private-Sector Employees

Private-sector workers receive protections through specific statutes governing workers' compensation retaliation, wages, discrimination, and certain industries. South Dakota does not have a single broad whistleblower law for private employees, but the combination of state and federal statutes provides meaningful coverage in many situations.

Common Law Protections for Whistleblowers

South Dakota courts recognize a public policy exception to the employment-at-will doctrine. Under this exception, it is illegal for employers to discharge an employee for reasons that violate a well-established public policy. Courts look to existing statutes, constitutional provisions, and prior judicial decisions when evaluating whether a termination violates public policy.

South Dakota common law generally protects employees who engage in the following activities:

• Refusing to participate in illegal activities directed by an employer
• Reporting unlawful conduct to the appropriate authority

Retaliation for filing a workers' compensation claim is no longer a question of common law alone. The Legislature codified that protection at SDCL 62-1-16, described below.

An employee who is terminated in violation of public policy may file a wrongful discharge lawsuit. The general statute of limitations for such claims is three years from the date of the retaliatory action.

Statutory Protections for South Dakota Whistleblowers

Public Employee Whistleblower Protection (SDCL 3-16-9)

SDCL 3-16-9 is South Dakota's broadest anti-retaliation provision for government workers. It bars retaliatory dismissal, suspension, demotion, pay cuts, and any other retaliatory action against a public employee who makes a good faith report to an appropriate authority.

The statute covers three categories of report:

• A violation or suspected violation of a law or rule
• An abuse of funds or an abuse of authority
• A substantial and specific danger to public health or safety

A state employee who is retaliated against under this section may file a grievance with the Civil Service Commission under SDCL 3-6D-22. The section does not create a separate commission grievance for employees of political subdivisions, but it does identify who those employees may report to, and SDCL 3-16-10 supplies a remedy for one category of report.

Reporting a Public Official's Misuse of Public Funds (SDCL 3-16-10)

SDCL 3-16-10 covers an employee who reports a violation of SDCL 22-30A-46, the statute that treats a public official's use of entrusted public funds or property for the official's own financial benefit as theft. If the employee believes retaliation followed such a report, made through the chain of command of the employee's department, to the Office of the Attorney General, or to the Department of Legislative Audit, the employee may file a grievance with the appropriate governmental entity. If no grievance process exists, the employee may file a civil action in circuit court.

State Employee Reporting Duty and Cause of Action (SDCL 3-6C-27 to 3-6C-36)

Laws enacted in 2025 added both a reporting duty and a private remedy for state employees.

Under SDCL 3-6C-28, a state employee who suspects that another state employee has engaged in improper governmental conduct or a crime during regular duties must promptly notify a supervisor. The supervisor must pass the good faith report, and any relevant records in the supervisor's custody, to the attorney general and the auditor-general. A supervisor who knowingly fails to make that report or to submit a record is guilty of a Class 1 misdemeanor.

"Improper governmental conduct" is defined in SDCL 3-6C-32 as conduct or an omission that results in a conflict of interest prohibited by state law, fraud, or theft of government money or property amounting to a felony.

SDCL 3-6C-33 gives a reporter who makes a good faith report immunity from civil and criminal liability, including for participation in any resulting judicial proceeding. That immunity does not extend to a state employee who took part in the conduct reported.

SDCL 3-6C-34 bars a state agency from taking adverse employment action against a reporter for making a good faith report, filing a complaint, instituting a proceeding, requesting or participating in an audit, testifying, or exercising any other right or obligation under the chapter. Adverse employment action is defined to include constructive or actual discharge, suspension, demotion, transfer, a decrease in compensation or benefits, an unfavorable work schedule, and similar reprisals. A report the employee knows is false, or makes in reckless disregard of the truth, earns no protection.

SDCL 3-6C-36 lets a reporter bring a civil action in the circuit court of Hughes County against the reporter's supervisor, in the supervisor's official capacity, or against the employing state agency. The action must be brought within two years of the violation, and the employee is not required to exhaust internal procedures or other administrative remedies first. The statute states that it does not exclude a remedy under SDCL 3-6D-22.

Workers' Compensation Retaliation (SDCL 62-1-16)

SDCL 62-1-16 makes an employer civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim. The statute places the burden of proof on the employee to show the dismissal was retaliation for the claim.

State Civil Service Whistleblower Protection (SDCL 3-6D-22)

Under SDCL 3-6D-22, a state civil service employee may file a grievance with the Civil Service Commission if the employee believes retaliation occurred because of:

• Reporting a violation of state law through the chain of command of the employee's agency
• Reporting a violation of state law to the attorney general's office
• Reporting to the State Government Accountability Board
• Filing a suggestion under the civil service statute

The Civil Service Commission grievance route is limited to employees within the state civil service system. That limit is about the forum, not about coverage: local government employees and state employees outside the civil service classification remain protected against retaliation by SDCL 3-16-9 and, where a report concerns misuse of public funds, by SDCL 3-16-10. Private-sector workers are outside all three sections.

Wage Payment Protections (SDCL 60-11-17.1)

South Dakota law prohibits employers from discharging, threatening, or discriminating against an employee for:

• Filing a complaint about unpaid wages with the employer or the Department of Labor and Regulation
• Filing a complaint under the wage payment statute
• Planning to institute a proceeding under the statute
• Testifying or planning to testify in a proceeding under the statute

This protection applies to all employees covered by South Dakota's wage payment laws, including private-sector workers. SDCL 60-11-17.1

Wage Discrimination Based on Sex (SDCL 60-12-21)

Employers cannot terminate, threaten, or retaliate against an employee for:

• Filing a charge under the sex-based wage discrimination law
• Testifying against the employer in an action under the statute
• Providing information against the employer in a wage discrimination action

This statute specifically addresses pay equity between men and women performing comparable work. SDCL 60-12-21

Employment Discrimination (SDCL 20-13-26)

Under the South Dakota Human Relations Act, it is illegal for any person to threaten or discriminate against another person for:

• Filing a charge of discrimination under the Act
• Testifying or assisting in the enforcement of provisions under the Act

The South Dakota Human Relations Act prohibits discrimination based on race, color, creed, religion, sex, ancestry, disability, or national origin. This anti-retaliation provision protects both employees and other individuals who participate in discrimination proceedings.

Abortion-Related Employment Protections (SDCL 34-23A-11)

No agency or institution may retaliate against an employee for:

• Advising or helping an individual to arrange for an abortion
• Refusing to arrange or encourage abortion

This statute applies to counselors, social workers, and persons whose work may involve abortion-related questions. SDCL 34-23A-11

Abuse and Neglect of Disabled Persons (SDCL 27B-8-43)

No agency, community service provider, facility, or school may retaliate against an employee for reporting in good faith suspected abuse, neglect, or exploitation of a person with a developmental disability. This protection covers employees who make reports to the appropriate authorities about vulnerable individuals in care settings. SDCL 27B-8-43

Statute of Limitations and Filing Deadlines

South Dakota whistleblowers face different deadlines depending on the statute they use. Missing a deadline can permanently bar a claim. Which clock applies depends on the statute you sue under, so ask a South Dakota employment lawyer for a free case evaluation matching your claim to the right statute and its deadline (attorney advertising).

State Employee Reporter Claims. A civil action under SDCL 3-6C-36 may not be brought more than two years after the violation of SDCL 3-6C-34 occurred. The statute expressly relieves the employee of any requirement to exhaust internal procedures or other administrative remedies first.

State Civil Service Employees. An employee may file a grievance with the Civil Service Commission. Specific deadlines are governed by the civil service grievance procedures.

Discrimination Claims. Complaints must be filed with the South Dakota Division of Human Rights within 180 days of the retaliatory action. A complainant may also choose to file a private lawsuit within one year of the retaliation, but must first request permission from the Division to proceed.

Wage Claims. The statute does not specify a unique filing deadline. The general three-year statute of limitations for civil actions applies.

Common Law Wrongful Discharge. Lawsuits must be filed within three years of the retaliatory action.

How to File a Whistleblower Complaint in South Dakota

State Employee Reporter Claims

1. Report the improper governmental conduct or crime to a supervisor or other appropriate authority, as SDCL 3-6C-28 requires.
2. If the agency then takes an adverse employment action against you, file a civil action in the circuit court of Hughes County under SDCL 3-6C-36, against your supervisor in the supervisor's official capacity or against the agency itself.
3. File within two years of the violation. You are not required to exhaust internal or administrative procedures first.
4. If you are a civil service employee, a Civil Service Commission grievance under SDCL 3-6D-22 remains available as well.

State Civil Service Employee Claims

1. Report the violation of state law through your agency's chain of command, to the attorney general's office, or to the State Government Accountability Board.
2. If retaliation occurs, file a grievance with the Civil Service Commission.
3. The Commission will investigate and determine whether retaliation took place.
4. If the grievance is not resolved to your satisfaction, additional legal options may be available.

Local Government Employee Claims

1. Make the report in good faith to an appropriate authority. For an employee of a county, city, school district, or other political subdivision, SDCL 3-16-9 identifies the subdivision's human resources department, any state's attorney, and the attorney general.
2. If the retaliation followed a report of a public official's misuse of public funds under SDCL 22-30A-46, file a grievance with the appropriate governmental entity under SDCL 3-16-10.
3. If that entity has no grievance process, SDCL 3-16-10 allows a civil action in circuit court.

Discrimination Claims

1. File a complaint with the South Dakota Division of Human Rights within 180 days of the retaliatory action. Call 605-773-3681 to begin the process.
2. The Division will investigate the complaint and attempt to resolve it through mediation or conciliation.
3. If the complaint cannot be resolved, you may request permission to file a private lawsuit in court within one year of the retaliation.

Wage Violation Claims

1. File a complaint with the South Dakota Department of Labor and Regulation about unpaid wages or wage-related retaliation.
2. The Department will investigate and take enforcement action if warranted.
3. You may also have the right to file a private lawsuit seeking damages.

Remedies and Penalties for Retaliation

General Remedies

When a court or agency finds that unlawful retaliation occurred, the whistleblower may be entitled to:

• Reinstatement to their former position
• Payment of lost wages
• Actual damages
• Litigation costs
• Any other relief the court deems appropriate

State Employee Reporter Remedies (SDCL 3-6C-36)

In an action brought under SDCL 3-6C-36, the court may order:

• An injunction restraining continued violation of SDCL 3-6C-34
• Reinstatement to the same position or, if that position is filled, to an equivalent position
• Back pay
• Full reinstatement of fringe benefits and seniority rights
• An award of attorney fees and costs, if appropriate and in the interests of justice

Wage Violation Penalties

Employers who violate South Dakota's wage payment laws may owe the affected employee:

• Unpaid wages
• Liquidated damages (additional monetary penalties)
• Litigation costs, including reasonable attorney fees

Discrimination Remedies

The South Dakota Human Relations Act allows for remedies including reinstatement, back pay, and other equitable relief. The Division of Human Rights may also impose administrative penalties on employers found to have engaged in unlawful discrimination or retaliation.

Federal Whistleblower Protections in South Dakota

Several federal laws provide whistleblower protections that apply to South Dakota workers regardless of state law. These matter most to private-sector workers, since South Dakota's own whistleblower statutes are aimed largely at public employment.

Federal False Claims Act (31 U.S.C. Sections 3729-3733). South Dakota does not have a state False Claims Act. However, workers who report fraud against the federal government (such as Medicare or Medicaid fraud) can file qui tam lawsuits under the federal False Claims Act. Successful whistleblowers may receive 15% to 30% of any recovered funds and are protected from employer retaliation.

Sarbanes-Oxley Act (SOX). Employees of publicly traded companies who report securities fraud or violations of SEC rules are protected from retaliation. Complaints must be filed with OSHA within 180 days.

Title VII of the Civil Rights Act. Workers who report workplace discrimination or participate in EEOC investigations are protected from retaliation nationwide.

OSHA Section 11(c). Federal OSHA protects workers who report unsafe working conditions. Complaints must be filed within 30 days of the retaliatory action.

Dodd-Frank Act. Provides financial rewards and anti-retaliation protections for individuals who report securities violations to the SEC.

Whistleblower Contact Information

• South Dakota Division of Human Rights: 605-773-3681
• South Dakota Department of Labor and Regulation: dlr.sd.gov
• South Dakota Attorney General: an appropriate authority for public employee reports under SDCL 3-16-9 and SDCL 3-16-10
• Federal OSHA: 1-800-321-OSHA (1-800-321-6742)
• SEC Whistleblower Office: 1-202-551-4790
• State Government Accountability Board: Contact the Governor's Office for referral

More South Dakota Laws

• South Dakota At-Will Employment Laws
• South Dakota Employee Monitoring Laws
• South Dakota Final Paycheck Laws
• South Dakota Workers Compensation Laws

Frequently Asked Questions

Are county, city, and school district employees covered by South Dakota whistleblower law?

Yes. SDCL 3-16-9 applies to any department, bureau, board, or commission of the state or any of its political subdivisions, which includes counties, cities, townships, and school districts. Those employers may not dismiss, suspend, demote, cut the pay of, or otherwise retaliate against an employee who reports in good faith to an appropriate authority a violation or suspected violation of law, an abuse of funds or authority, or a substantial and specific danger to public health or safety. For a political subdivision employee, the statute names the appropriate authority: the subdivision's human resources department, any state's attorney, or the attorney general. The Civil Service Commission grievance under SDCL 3-6D-22 is reserved for state civil service employees, but that limit affects the forum, not whether local employees are protected.

Does South Dakota have a state False Claims Act?

No. South Dakota has not enacted a state-level False Claims Act with qui tam provisions. Workers who want to report fraud against the government, such as Medicaid fraud, must use the federal False Claims Act (31 U.S.C. Sections 3729-3733). Successful qui tam whistleblowers may receive 15% to 30% of the government's recovery.

Are private-sector employees protected by South Dakota whistleblower laws?

South Dakota does not have a broad whistleblower statute for private-sector employees. However, private workers receive protection under specific statutes covering workers' compensation retaliation (SDCL 62-1-16), wage violations, employment discrimination, and abuse reporting, along with the common-law public policy exception. Federal laws such as the False Claims Act, Sarbanes-Oxley, and OSHA Section 11(c) also apply to private-sector workers in South Dakota.

Can a South Dakota state employee sue over whistleblower retaliation?

Yes. Under SDCL 3-6C-36, a state employee who made a good faith report of improper governmental conduct or a crime may bring a civil action in the circuit court of Hughes County against the supervisor in an official capacity or against the employing state agency. The court may order an injunction, reinstatement to the same or an equivalent position, back pay, full reinstatement of fringe benefits and seniority rights, and attorney fees and costs where appropriate. The suit must be filed within two years of the violation, and the employee does not have to exhaust internal or administrative remedies first.

What is the deadline to file a whistleblower retaliation claim in South Dakota?

Deadlines vary by statute. A state employee's civil action under SDCL 3-6C-36 must be brought within two years of the violation. Discrimination claims must be filed with the Division of Human Rights within 180 days, and a private discrimination lawsuit within one year. Common law wrongful discharge claims allow up to three years. State civil service employees follow the Civil Service Commission grievance process.

What remedies are available to South Dakota whistleblowers who face retaliation?

Depending on the statute, remedies may include reinstatement to a former position or an equivalent one, back pay and lost wages, restoration of fringe benefits and seniority rights, an injunction against continued violation, actual damages, liquidated damages, litigation costs, and reasonable attorney fees. Courts may also award any other relief deemed appropriate.

How do I report wrongdoing at my South Dakota workplace?

Document the wrongdoing in writing with dates, details, and witnesses. State employees must report suspected improper governmental conduct or a crime to a supervisor under SDCL 3-6C-28, and may also report through the agency chain of command or to the attorney general's office. County, city, and school district employees may report to their subdivision's human resources department, any state's attorney, or the attorney general under SDCL 3-16-9. For discrimination, contact the South Dakota Division of Human Rights at 605-773-3681. For wage issues, contact the Department of Labor and Regulation. For workplace safety, contact federal OSHA at 1-800-321-6742.