South Dakota Background Checks laws & HR compliance analysis

South Dakota Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, many employers hire third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In South Dakota, employers must comply with laws concerning criminal background checks.
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The South Dakota Division of Human Rights Pre-Employment Inquiry Guide classifies as "suspect" for discrimination any question on an application form or in an interview regarding an applicant's conviction, arrest, or court record that is not substantially related to the functions of the job.
School employees. A school district may consider any criminal conviction in making a hiring decision. Each person over the age of 18 hired by a school district must provide fingerprints for a criminal background investigation by the Division of Criminal Investigation and the Federal Bureau of Investigation (FBI). The school district must provide the fingerprint cards to the Division of Criminal Investigation before the ...

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