South Dakota Administrative Code

Rule 20:03:05:04 Notice to answer charge at hearing. 20:03:05:04. Notice to answer charge at hearing. If the matter is scheduled for hearing under § 20:03:05:01, all parties shall be given prompt notice of the hearing. In addition to notice requirements provided by SDCL 1-26, the…

Rule 20:03:05:05 Amendment of charge or answer after hearing scheduled. 20:03:05:05. Amendment of charge or answer after hearing scheduled. At any time before the close of the hearing, the charging party may, by written request to the commission or to the hearing examiner, ask pe…

Rule 20:03:05:06 Consolidated hearing. 20:03:05:06. Consolidated hearing. Two or more proceedings against the same respondent arising out of the same set of circumstances or two or more proceedings by the same charging party against two or more respondents arising out of the same…

Rule 20:03:05:07 Conduct of hearings. 20:03:05:07. Conduct of hearings. The hearing shall be conducted by the commission or a hearing examiner designated by the commission. All testimony taken at the hearing shall be under oath or affirmation. The commission or the hearing examin…

Rule 20:03:05:08 Settlement prior to recommended order and decision. 20:03:05:08. Settlement prior to recommended order and decision. If, after issuance and service of a written notice of hearing but before the close of the hearing, the charging party and the respondent jointly n…

Rule 20:03:05:09 Representation at hearings. 20:03:05:09. Representation at hearings. At hearings held before the commission, a commissioner, or a hearing examiner, representation shall be by individuals on their own behalf, by attorneys or other agents of the division, or by att…

Rule 20:03:06:01 Order and decision when commission conducts the hearing. 20:03:06:01. Order and decision when commission conducts the hearing. In hearings before the commission, after the taking of testimony, the hearing of oral argument, and the consideration of all the evidenc…

Rule 20:03:06:02 Order and decision when hearing examiner conducts the hearing. 20:03:06:02. Order and decision when hearing examiner conducts the hearing. In hearings conducted by a hearing examiner, after the taking of testimony, the hearing of oral argument, and the considerat…

Rule 20:03:06:03 Repealed. 20:03:06:03. Review of recommended order and decision.Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 31, repealed November 3, 1975.

Rule 20:03:07:01 Purpose of regulations. 20:03:07:01. Purpose of regulations. Chapters 20:03:07 to 20:03:11, inclusive, are interpretations by the commission of the South Dakota Human Relations Act of 1972, SDCL 20-13, as it covers employment. These rules will be used to determin…

Rule 20:03:07:02 Protected class defined. 20:03:07:02. Protected class defined. The term "protected class" as used in chapters 20:03:07 to 20:03:11, inclusive, means a class of persons of the same race, color, creed, religion, sex, national origin, disability, or ancestry. Source…

Rule 20:03:07:03 Purpose of the act. 20:03:07:03. Purpose of the act.SDCL 20-13 was enacted to achieve equality of employment opportunities and remove barriers that have operated in the past to favor an identifiable group of employees over other employees. Discriminatory preferen…

Rule 20:03:07:04 Recruitment. 20:03:07:04. Recruitment. Every employer must conduct recruitment and hiring practices to assure that all potential applicants are given fair notice of job vacancies, opportunity to apply for vacancies, and consideration for employment in all vacanci…

Rule 20:03:07:05 Discharges. 20:03:07:05. Discharges. It is sufficient to find discrimination in a discharge case if race, sex, or another proscribed category played any causal part in the discharge of the employee. It is not necessary that race, sex, or another proscribed catego…

Rule 20:03:08:01 Test defined. 20:03:08:01. Test defined. As used in §§ 20:03:08:01 to 20:03:08:06, inclusive, the term "test" means any paper-and-pencil or performance measure used as a basis for an employment decision. The rules in chapter 20:03:08 apply to, but are not limited…

Rule 20:03:08:01.01 Validity defined. 20:03:08:01.01. Validity defined. As used in §§ 20:03:08:02 to 20:03:08:06, inclusive, the term "validity" means the established statistical relationship between a test instrument or other selection procedure and performance on the job. Sourc…

Rule 20:03:08:02 Discrimination through use of tests defined. 20:03:08:02. Discrimination through use of tests defined. The use of a test which adversely affects hiring, promotion, transfer, or any other employment or membership opportunity of classes protected by the act constit…

Rule 20:03:08:03 Continued use of unvalidated tests. 20:03:08:03. Continued use of unvalidated tests. If determination of validity in a specific setting is practicable and required but not yet obtained, the use of the test may continue provided the person can establish validity a…

Rule 20:03:08:04 Employment agencies and employment services. 20:03:08:04. Employment agencies and employment services. Employment agencies and employment services, both private and state shall do the following: (1) Not make applicant or employee appraisals or referrals based on …

Rule 20:03:08:05 Disparate treatment. 20:03:08:05. Disparate treatment. A test or other employee selection standard, even though validated against job performance in accordance with this chapter, may not be imposed upon any individual or class protected by SDCL 20-13 if other emp…

Rule 20:03:08:06 Retesting. 20:03:08:06. Retesting. Employers, unions, and employment agencies must provide an opportunity for retesting and reconsideration to candidates who failed earlier who have availed themselves of more training or experience. Source: SL 1975, ch 16, § 1; 1…

Rule 20:03:09:01 Construction of terms "employer" and "employers." 20:03:09:01. Construction of terms "employer" and "employers." The terms "employer" or "employers" in this chapter include labor organizations, employment agencies, and other persons insofar as their action or ina…

Rule 20:03:09:02 Sex as a bona fide occupational qualification. 20:03:09:02. Sex as a bona fide occupational qualification. Bona fide occupational qualification exceptions shall be interpreted narrowly. The refusal to hire an individual based on stereotyped characteristics of the…

Rule 20:03:09:03 Effect of sex-orientated federal employment legislation. 20:03:09:03. Effect of sex-orientated federal employment legislation. Where the federal occupational, safety and health act requires that separate restrooms be provided for employees of each sex, an employe…

Rule 20:03:09:04 Separate lines of progression and seniority systems. 20:03:09:04. Separate lines of progression and seniority systems. Employers may not classify a job as a male or female job or maintain separate lines of progression or separate seniority lists based on sex if t…

Rule 20:03:09:05 Distinction between light and heavy jobs. 20:03:09:05. Distinction between light and heavy jobs. A seniority system or line of progression which distinguishes between light and heavy jobs constitutes an unlawful employment practice if it operates a disguised form…

Rule 20:03:09:06 Discrimination against married persons. 20:03:09:06. Discrimination against married persons.An employer's rule which forbids or restricts the employment of married women and which is not applicable to married men or vice versa is discrimination based on sex prohi…

Rule 20:03:09:07 Job opportunities advertising. 20:03:09:07. Job opportunities advertising. Help wanted advertisements may not indicate a preference, limitation, specification, or discrimination based on sex unless sex is a bona fide occupational qualification for the particular …

Rule 20:03:09:08 Employment agencies dealing with only one sex. 20:03:09:08. Employment agencies dealing with only one sex. Private employment agencies which deal exclusively with one sex are engaged in an unlawful employment practice except to the extent that such agencies limit…

Rule 20:03:09:09 Employment agencies' responsibilities in filling job orders. 20:03:09:09. Employment agencies' responsibilities in filling job orders.An employment agency that receives a job order containing an unlawful sex specification shares responsibility with the employer p…

Rule 20:03:09:10 Preemployment inquiries about sex. 20:03:09:10. Preemployment inquiries about sex. A preemployment inquiry in connection with prospective employment which expresses directly or indirectly any limitation, specification, or discrimination concerning sex is unlawful…

Rule 20:03:09:11 Fringe benefits. 20:03:09:11. Fringe benefits. The term "fringe benefits," as used in this section includes medical, hospital, accident, life insurance, and retirement benefits; profit-sharing and bonus plans; leave; and other terms, conditions, and privileges of…

Rule 20:03:09:12 Employment policies relating to pregnancy and childbirth. 20:03:09:12. Employment policies relating to pregnancy and childbirth. Written or unwritten employment policies and practices, except for insurance, shall be applied to pregnancy and childbirth on the same…

Rule 20:03:10:01 Accommodation to employees' religious needs. 20:03:10:01. Accommodation to employees' religious needs. An employer must make reasonable accommodations to the religious needs of employees and prospective employees where such accommodations can be made without undu…

Rule 20:03:10:02 Burden of proof. 20:03:10:02. Burden of proof. The employer has the burden of proving that an undue hardship makes the required accommodations to the religious needs of the employee unreasonable. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July…

Rule 20:03:11:01 National origin or ancestry. 20:03:11:01. National origin or ancestry. Covert practices of discrimination on the basis of national origin include the following: (1) The use of tests in the English language or requirements that employees and applicants read, write…

Rule 20:04:01:01 Repealed. 20:04:01:01. Meetings.Repealed. Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 18 SDR 9, effective July 23, 1991. Rule 20:…

Rule 20:04:01:01.01 Repealed. 20:04:01:01.01. Annual meeting by commission.Repealed. Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

Rule 20:04:01:02 Repealed. 20:04:01:02. Duties of chairman.Repealed. Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

Rule 20:04:01:03 Repealed. 20:04:01:03. Duties of director.Repealed. Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991; repealed, 18 SDR 9, effective July 23, 1991.

Rule 20:04:01:04 Repealed. 20:04:01:04. Adoption of rules.Repealed. Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

Rule 20:04:01:05 Superseded. 20:04:01:05. Rule changes.Superseded. Commission Note: 1975 Session Laws, ch 16, § 24, provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.

Rule 20:04:01:06 Repealed. 20:04:01:06. Agency action on request.Repealed. Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

Rule 20:04:01:07 Petition for declaratory ruling. 20:04:01:07. Petition for declaratory ruling. Any person wishing the commission to issue a ruling as to the applicability to that person of any statutory provision or rule or order of the commission, may file with the commission a…

Rule 20:04:01:07.01 Number of copies of petition for declaratory ruling or rules change. 20:04:01:07.01. Number of copies of petition for declaratory ruling or rules change. A person filing a petition for declaratory ruling or for initiation, amendment, or repeal of a rule must f…

Rule 20:04:01:08 Commission action on petition. 20:04:01:08. Commission action on petition. Upon receipt of the petition, the commission may request from the petitioner further information it may require to make its ruling. Following the receipt of the requested information, the …

Rule 20:04:01:09 Repealed. 20:04:01:09. Commission meetings on petition for new rules.Repealed. Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

Rule 20:04:01:10 Repealed. 20:04:01:10. Request for decision from agency.Repealed. Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

Rule 20:04:01:11 Repealed. 20:04:01:11. Finality of commission decision.Repealed. Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

Rule 20:04:01:12 Repealed. 20:04:01:12. Hearing before commission.Repealed. Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 18 SDR 9, effective July 2…