The South Dakota Human Relations Act prohibits an employer from discriminating against an applicant on basis of race, color, creed, religion, sex, ancestry, disability, national origin, blindness, or partial blindness (SD Cod. Laws. Sec. 20-13-10 and Sec. 20-13-10.1). The law applies to all employers, regardless of size (SD Cod. Laws Sec. 20-13-1(7)).
Genetic information. A separate law prohibits employers from discriminating against job applicants on the basis of genetic information (SD Cod. Laws. Sec. 60-2-20). Subject to certain limited exceptions, the law prohibits employers from obtaining, seeking to obtain, or using an individual's genetic information to discriminate or distinguish between applicants.
Discrimination against married persons. Employers are also prohibited from making rules that apply to married women but not married men or vice versa (SD Admin. Code Sec. 20:03:09:06).
Retaliation prohibited. It is unlawful for an employer to retaliate or discriminate against a job applicant because he or she has filed a discrimination complaint or has otherwise opposed unlawful employment discrimination.
Under the South Dakota Commission of Human Rights Policies and Guidelines, it is unlawful for an employer to make any preemployment inquiry that directly or indirectly expresses any limitation, specification, or discrimination about an applicant's sex unless a bona fide occupational qualification (BFOQ) applies (SD Admin. Code Sec. 20:03:09:10).
The state Division of Human Rights offers employers guidance on application forms and preemployment inquiries on its website at http://dlr.sd.gov/human_rights