South Dakota AIDS and Disease laws & HR compliance analysis

South Dakota AIDS and Disease: What you need to know

The South Dakota Human Relations Act does not specifically mention the human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) but does prohibit discrimination in employment on the basis of disability (SD Cod. Laws Sec. 20-13-1 et seq.). The Act applies to all employers in the state, including labor unions and employment agencies.
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Disability. “Disability” is defined as:
• A physical or mental impairment, including impairments resulting from disease, that substantially limits a major life activity,
• A record of having such an impairment, or
• Being regarded as having such an impairment.
To qualify as a disability under state law, the impairment must be unrelated to the individual's ability to perform the major duties of a particular job or position, or to the individual's qualifications for employment or promotion.
Under the ADA, an employer may not discriminate against any individual on the basis of the fact or the perception that the individual has AIDS or is HIV-positive. In the case of Bragdon v. Abbott, 118 S.Ct. 2196 (1998), the U.S. Supreme Court found that asymptomatic HIV is a disability under the ADA “from the moment of infection” onward. In addition, the final ADA regulations list HIV infection as an impairment that will "virtually always" be found to be a covered disability.
Like the ADA, South Dakota law prohibits an employer from making a decision regarding hiring, promotion, job duties, compensation, or any other condition of employment on the basis of an individual's disability. Employers must make a “good-faith” effort to accommodate applicants and employees with disabilities, unless the accommodation would pose an undue ...

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