CHAPTER 20:03:07
GENERAL COMMISSION POLICIES
Section
20:03:07:01 Purpose of regulations.
20:03:07:02 Protected class defined.
20:03:07:03 Purpose of the act.
20:03:07:04 Recruitment.
20:03:07:05 Discharges.
20:03:07:01. Purpose of regulations. Chapters 20:03:07 to 20:03:11, inclusive, are interpretations by the commission of the South Dakota Human Relations Act of 1972, SDCL 20-13, as it covers employment. These rules will be used to determine the commission's treatment of individual employment cases as they arise.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
20:03:07:02. Protected class defined. The term "protected class" as used in chapters 20:03:07 to 20:03:11, inclusive, means a class of persons of the same race, color, creed, religion, sex, national origin, disability, or ancestry.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 31, effective September 15, 1997.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 1-26-1(7), 20-13-1(16), 20-13-10, 20-13-11, 20-13-12, 20-13-13.
20:03:07:03. Purpose of the act.SDCL 20-13 was enacted to achieve equality of employment opportunities and remove barriers that have operated in the past to favor an identifiable group of employees over other employees. Discriminatory preference for any group, minority or majority, is proscribed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 1-26-1(7), 20-13-1(14), 20-13-10, 20-13-11, 20-13-12, 20-13-13.
20:03:07:04. Recruitment. Every employer must conduct recruitment and hiring practices to assure that all potential applicants are given fair notice of job vacancies, opportunity to apply for vacancies, and consideration for employment in all vacancies on bases which do not discriminate on grounds prohibited by law. Hiring and job assignment practices must assure that the effect of past exclusion of a protected class is not carried forward into the future.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 1-26-1(7), 20-13-1(14), 20-13-10, 20-13-12.
20:03:07:05. Discharges. It is sufficient to find discrimination in a discharge case if race, sex, or another proscribed category played any causal part in the discharge of the employee. It is not necessary that race, sex, or another proscribed category be the sole cause of the discharge.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 20-13-27.
Law Implemented:SDCL 1-26-1(7), 20-13-1(14), 20-13-10, 20-13-12.
