Background checks - South Dakota

Summary of differences between federal and state regulations

Arrest and 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.