20:03:09:04.  Separate lines of progression and seniority systems. Employers may not classify a job as a male or female job or maintain separate lines of progression or separate seniority lists based on sex if this adversely affects any employee unless sex is a bona fide occupational qualification for that job.

          Employers may not arbitrarily classify jobs so that a female is prohibited from applying for a job labeled "male" or for a job in a male line of progression and vice versa or so that a male scheduled for layoff is prohibited from displacing a less senior female on a female seniority list and vice versa.

          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 20-13-10, 20-13-12, 20-13-16, 20-13-17.