Recruiting: South Dakota
Federal law and guidance on this subject should be reviewed together with this section.
Author: Gloria Ju
- 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.