South Dakota Administrative Rules
Title 20 - PUBLIC SAFETY
Article 20:03 - HUMAN RIGHTS
Chapter 20:03:09 - Discrimination because of sex
Section 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.

General Authority: SDCL 20-13-27.

Law Implemented: SDCL 20-13-10, 20-13-12, 20-13-16, 20-13-17.