Protected classes. The South Dakota Human Relations Act prohibits employers from making inquiries of prospective employees that elicit or attempt to elicit any information, directly or indirectly, pertaining to race, color, creed, religion, sex, ancestry, disability, or national origin (S.D. Codified Laws § 20-13-1 et seq.). The law applies to all employers in the state.
Genetic information. A separate state law prohibits employers from seeking to obtain, obtaining, or using a person's genetic information to discriminate against employees or job applicants or to restrict any employment right or benefit to which the applicant or employee is entitled (S.D. Codified Laws § 60-2-20). The law provides a limited exception for information legally obtained through a law enforcement agency conducting a criminal investigation.
An employee or applicant alleging a violation of the law may file a civil action in court. Remedies include attorneys' fees and legal costs, in addition to any other judgment awarded.
Tobacco. The Smokers' Rights Law prohibits discrimination against individuals who use tobacco products off the employers' premises during nonworking hours, unless a smoking restriction is based on a bona fide occupational qualification (BFOQ) (S.D. Codified Laws § 60-4-11).
Guidance on preemployment inquiries.
South Dakota's Division on Human Rights has prepared a Pre-Employment Inquiry Guide,
which contains a discussion of state law requirements on preemployment inquiries, together with a listing of impermissible inquiries and acceptable alternatives. The guide is available through the division's website at dlr.sd.gov/humanrights
Criminal history. The South Dakota Division of Human Rights ...