The South Dakota Human Relations Act prohibits employment practices that discriminate on the basis of race, color, creed, religion, ancestry, national origin, sex, or disability. Blind and visually impaired individuals are also protected. The Act does not specifically address the issue of physical examinations. However, employers will violate the Act if exam policies screen out a particular group or otherwise discriminate on the basis of a protected characteristic. The Act covers all employers (SD Cod. Laws Sec. 20-13-10).
Ability tests. Under the Act, employers may give and act upon the results of any professionally developed ability test if the test, its administration, or action upon its results is not designed, intended, or used to unlawfully discriminate on the basis of a protected characteristic (SD Cod. Laws Sec. 20-13-15).