20:03:08:02.  Discrimination through use of tests defined. The use of a test which adversely affects hiring, promotion, transfer, or any other employment or membership opportunity of classes protected by the act constitutes discrimination unless the test has been validated and conforms to the guidelines on employee selection procedures issued by the U.S. equal employment opportunity commission, 29 C.F.R. 1607 (September 25, 1978), and the person giving a particular test or acting upon the results of that test can demonstrate that alternative suitable hiring, transfer, or promotion procedures are unavailable for his use.

          Source: SL 1975, ch 16, § 1; 6 SDR 59, effective December 16, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

          General Authority:SDCL 20-13-27.

          Law Implemented:SDCL 20-13-1(14), 20-13-10, 20-13-12, 20-13-15.