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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Public employers may not inquire about or consider an applicant’s criminal history until after the individual has been selected for interview, unless required by law. Department of Corrections and Rehabilitation positions are exempt. HB 1282
The “Pre-Employment Inquiry Guide” published by the South Dakota Division of Human Rights says that employers (both public and private) should not ask about convictions, arrests or court records unless it is substantially related to job function.
State
Contacts
Employer immunity from disclosure claims
South Dakota Department of Labor
Arrest record inquiries
South Dakota Division of Human Rights
Conviction record inquiries
South Dakota Division of Human Rights
Regulations
Employer immunity from disclosure claims
South Dakota Codified Law 60-4-12, Presumption of good faith disclosure of employment information to prospective employers
Arrest record inquiries
None.
Conviction record inquiries
None.
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.