South Dakota Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in South Dakota and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

There is currently no ban-the-box law in effect in South Dakota.

Does South Dakota Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Some of South Dakota’s laws around fair hiring differ slightly from federal law.

Do South Dakota Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The laws in South Dakota mirror the federal equal pay act, restricting employers from paying differing wages for substantially similar work based on gender.

Do South Dakota Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

South Dakota law doesn’t address age discrimination in employment, so the federal ADEA applies.

Do South Dakota Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

The law in South Dakota is similar to the ADA, but one key difference impacts employers. The law applies to all employers, not just those with 15 or more employees, which is the case with the federal law.

Do South Dakota Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

In South Dakota, the laws generally align with the federal GINA, restricting the use of genetic information or testing results in employment decisions.

Do South Dakota Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

Under the South Dakota Human Rights Act, employers may not discriminate against applicants based on race, color, creed, religion, sex, ancestry, disability, national origin, disability, or pregnancy.

Are There Different Fair Hiring Laws in Cities or Municipalities Across South Dakota?

No, there are no differing fair hiring laws in effect in cities or municipalities in South Dakota.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.