Where the federal occupational, safety and health act requires that separate restrooms be provided for employees of each sex, an employer is considered to have engaged in unlawful employment practice if he or she refuses to hire or otherwise adversely affects the employment opportunities of applicants or employees in order to avoid the provision of that act.
S.D. Admin. R. 20:03:09:03
General Authority: SDCL 20-13-27.
Law Implemented: SDCL 20-13-10.