An employment agency that receives a job order containing an unlawful sex specification shares responsibility with the employer placing the job order if the agency fills the order knowing that the sex specification is not based upon a bona fide occupational qualification. However, an employment agency is not considered to be in violation of the law if the agency maintains a written record of the job order and makes it available to the commission. The record shall include the name of the employer, the description of the job, and the basis for the employer's claim of bona fide occupational qualification.
S.D. Admin. R. 20:03:09:09
General Authority: SDCL 20-13-27.
Law Implemented: SDCL 20-13-11.