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Preemployment Screening and Testing: South Dakota

Preemployment Screening and Testing requirements for other states

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

Author: Gloria Ju


  • While South Dakota has no statutory requirements regarding the use of criminal history for employment purposes, the state's preemployment inquiry guide looks upon many of these inquiries as suspect. See Arrest and Conviction Records
  • South Dakota requires criminal background checks of job applicants for certain positions. See Mandatory Background Checks.
  • The South Dakota Supreme Court has addressed the issue of conducting background checks to avoid negligent hiring liability. See Negligent Hiring.
  • Private employers are not restricted from testing job applicants for current illegal drug use. See Drug Testing.
  • South Dakota does not have a specific law regarding the genetic testing of applicants, but employers are restricted in their use of information derived from such tests. See Genetic Testing.
  • The South Dakota Human Relations Act (SDHRA) prohibits the use of ability tests that discriminate on the basis of a protected characteristic. See Ability Tests.