South Dakota Physical Exams laws & HR compliance analysis

South Dakota Physical Exams: What you need to know

The South Dakota Human Relations Act prohibits employment practices that discriminate on the basis of race, color, creed, religion, ancestry, national origin, sex, or disability. Blind and visually impaired individuals are also protected. The Act does not specifically address the issue of physical examinations. However, employers will violate the Act if exam policies screen out a particular group or otherwise discriminate on the basis of a protected characteristic. The Act covers all employers (SD Cod. Laws Sec. 20-13-10).
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Ability tests. Under the Act, employers may give and act upon the results of any professionally developed ability test if the test, its administration, or action upon its results is not designed, intended, or used to unlawfully discriminate on the basis of a protected characteristic (SD Cod. Laws Sec. 20-13-15).
Employers may not require that a job applicant or employee pay the cost of a medical examination or the cost of furnishing any medical records required as a condition of continued employment (SD Cod. Laws Sec. 60-11-2).
A separate state law prohibits employers from seeking or obtaining genetic test results from applicants or employees unless the employer is a law enforcement agency conducting a criminal investigation (SD Cod. Laws Sec. 60-2-20). The law also prohibits employers from using genetic information of an employee or applicant to discriminate or restrict any right or benefit otherwise available to employees.
Genetic information. The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers from using genetic information in employment decisions. The prohibition applies to genetic information of ...

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