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Interviewing and Selecting Job Candidates: South Dakota

Interviewing and Selecting Job Candidates requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Gloria Ju

Summary

  • The South Dakota Human Relations Act (SDHRA) prohibits discrimination in the hiring process based on several protected characteristics and applies to all employers regardless of size. See South Dakota Human Relations Act.
  • The SDHRA includes limited exceptions for bona fide religious institutions and a few other employers and organizations. See South Dakota Human Relations Act.
  • South Dakota has a preemployment inquiry guide that includes many examples of acceptable and unacceptable interview questions. See Preemployment Inquiries.
  • Employers cannot refuse to hire applicants based on a preexisting injury if the applicant can perform the essential job duties. See Workers' Compensation.
  • Making hiring decisions in a way that that encourages or discourages union membership violates South Dakota's collective bargaining statutes. See Labor Law.
  • The South Dakota Supreme Court has addressed the issue of conducting background checks to avoid negligent hiring liability. See Negligent Hiring.
  • Employers that provide written references in good faith about a current or former employee's job performance are protected from liability under South Dakota's reference immunity law. See Reference Checks.