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South Dakota Advertising: What you need to know

The South Dakota Human Relations Act prohibits all employers in the state from advertising, or otherwise indicating or publicizing, that individuals of any particular race, color, creed, religion, sex, ancestry, disability, or national origin are unwelcome, objectionable, not acceptable, or not solicited for employment (SD Cod. Laws Sec. 20-13-13). The Act applies to all employers in the state.
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Employment agencies are also subject to these prohibitions under the Act (SD Cod. Laws Sec. 20-13-11).
It is permissible to advertise for an individual on the basis of a bona fide occupational qualification (BFOQ). A BFOQ is a qualification that is absolutely essential to an applicant's ability to perform the job in question.

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