S.D. Admin. R. 20:03:01:03

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:03:01:03 - Nondisclosure

Information and charges forwarded to the division of human rights by the United States equal employment opportunity commission shall not be disclosed under the following circumstances:

(1) Pursuant to Section 709(d) of Title VII of the Civil Rights Act of 1964 as amended, EEOC reports filed by employers, employment agencies, and labor organizations and furnished to the division by the equal employment opportunity commission shall not be made public by the division prior to the institution of a public hearing;

(2) Pursuant to section 709(e) of Title VII of the Civil Rights Act of 1964, any investigative information obtained by the EEOC and forwarded to the division shall not be made public prior to the filing of a suit under Title VII;

(3) Pursuant to Section 706(b)(c) of Title VII of the Civil Rights Act of 1964 and SDCL 20-13-8 the division may accept charges filed with the EEOC and forwarded to the division. In all charges forwarded by the EEOC the division shall not make public the filing of the charge nor anything said or done during informal proceedings of conference, conciliation, and persuasion without the written consent of the parties and the EEOC.

S.D. Admin. R. 20:03:01:03

SL 1975, ch 16, § 1; 3 SDR 49, effective 1/18/1977; 4 SDR 31, effective 12/4/1977; 12 SDR 151, 12 SDR 155, effective 7/1/1986.

General Authority: SDCL 20-13-27.

Law Implemented: SL 1977, ch 184.