South Dakota Hiring laws & HR compliance analysis

South Dakota Hiring: What you need to know

Discrimination. Under the South Dakota Human Relations Act, employers may not discriminate in hiring practices based on race, color, creed, religion, sex, ancestry, disability, national origin, blindness, or partial blindness (S.D. Cod. Laws §§ 20-13-10, 20-13-10.1). The law applies to all employers in the state.
Under the Act, employers are prohibited from discriminating or retaliating against any applicant, employee, or intern based on a protected characteristic. More information is available at theSouth Dakota Discrimination and Disabilities (ADA) sections.
Veterans’ preference.In public employment, veterans receive preference in hiring (S.D. Codified Laws § 3-3-1 et seq.).
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Tobacco use. Employers are prohibited from discriminating against employees on the basis of their use of tobacco products during nonworking hours, unless such a restriction is a bona fide occupational qualification (BFOQ) or is necessary to prevent a conflict of interest with the employer (S.D. Cod. Laws § 60-4-11).
Alcohol and drug testing. South Dakota law requires certain state agencies to administer drug tests to applicants for safety-sensitive positions. The statute defines “safety-sensitive positions” as any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile (S.D. Codified Laws § 23-3-64).
Medical marijuana. Voters in South Dakota approved an amendment to the state constitution that requires the state legislature to pass laws providing for the use of medical marijuana and the sale of hemp by April 1, 2022 (Amendment A).
Recreational marijuana. It is legal for a person to ...

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