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Recruiting: South Dakota

Recruiting 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 Department of Labor and Regulation provides a wide range of free employer services, including maintaining the largest labor pool database in the state. See Methods and Sources.
  • State law prohibiting discrimination in recruiting covers a broader range of employers than federal antidiscrimination laws. See South Dakota Human Relations Act.
  • Job advertisements that indicate a preference for or objection to individuals based on a protected characteristic are illegal. See Job Advertisements.
  • The bona fide occupational qualification exception is limited, and applies only where truly needed for effective work performance. See BFOQ Exception.
  • English-language skill must be a valid job requirement in order to recruit applicants based on their ability to read, write or speak English. See English-Only Requirements.
  • Employers that recruit minors must comply with state child labor laws. See Underage Workers.
  • If an employer chooses to recruit an independent contractor instead of an employee, it must ensure it understands the differences between the two. See Independent Contractors.
  • South Dakota generally bans discrimination in employment decisions against smokers. See Smokers' Rights.