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STATE, DIV. OF HUMAN RIGHTS v. PRUDENTIAL INS.

No. 12414.

273 N.W.2d 111 (1978)

STATE of South Dakota, DIVISION OF HUMAN RIGHTS, ex rel. Robbie EWING, Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA and Gary Heuer, Prudential District Agent, and Northeast South Dakota Community Action Program, Respondents.

Supreme Court of South Dakota.

Decided November 30, 1978.

Attorney(s) appearing for the Case

Lori Scully and LeAnn Larson, Finke, Asst. Attys. Gen., Pierre, for appellant; William J. Janklow, Atty. Gen., Pierre, on brief.

H. L. Fuller of Woods, Fuller, Shultz & Smith, Sioux Falls, for respondents Prudential Ins. Co. and Gary Heuer.

David E. Gilbertson, Sisseton, for respondent N. E. South Dakota Community Action Program.

DUNN, Justice.

This is an appeal from an order of the Human Rights Commission (Commission) finding that exclusion of benefits to unmarried persons for pregnancy and pregnancy-related disabilities under a group health insurance plan constituted illegal discrimination on the basis of sex. The circuit court reversed the Commission upon finding that providing a group insurance policy which does not include pregnancy in its coverage of unmarried persons does not constitute...

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