South Dakota Selection and Testing laws & HR compliance analysis

South Dakota Selection and Testing: What you need to know

The South Dakota Human Relations Act prohibits employers from discriminating against applicants and employees on the basis of race, color, creed, religion, sex, ancestry, disability, or national origin. Employers are prohibited from publishing or advertising job notices indicating that individuals of a protected class are unwelcome, objectionable, not acceptable, or not solicited for employment. The law applies to all public employers and private employers (SD Cod. Laws Sec. 20-13-1 et seq.).
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Blind persons. Employers are specifically prohibited from discriminating against blind or partially blind persons in employment, unless a specific vision requirement is a bona fide occupational qualification (BFOQ) for the job in question (SD Cod. Laws Sec. 20-13-10.1).
Employers may use and act upon the results of a professionally developed ability test for hiring, transfer, or promotion provided the test is not designed, intended, or used to discriminate against a protected individual or class of individuals (SD Cod. Laws Sec. 20-13-15). According to guidelines adopted by the Human Rights Commission, if a protected group is adversely affected by the use of such a test, the employer must be able to show that there is no less discriminatory alternative method that can be used (SD Admin. Code Sec. 20:03:08:02).
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 ...

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