S.D. Admin. R. 20:03:11:01

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

Section 20:03:11:01 - National origin or ancestry

Covert practices of discrimination on the basis of national origin include the following:

(1) The use of tests in the English language or requirements that employees and applicants read, write, or speak English when English is not the person's first language or mother tongue and when English language skill is not a requirement of the work to be performed;

(2) Denial of equal opportunity to persons married to or associated with persons of a specific national origin or ancestry;

(3) Denial of equal opportunity because of membership in lawful organizations identified with or seeking to promote the interest of national groups;

(4) Denial of equal opportunity because of attendance at schools or churches commonly attended by persons of a given national origin or ancestry; and

(5) Denial of equal opportunity to persons who as a class of persons tend to fall outside national norms for height and weight when such height and weight specifications are not necessary for the performance of the work involved.

S.D. Admin. R. 20:03:11:01

SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective 7/1/1986.

General Authority: SDCL 20-13-27.

Law Implemented: SDCL 1-26-1(7), 20-13-1(14), 20-13-10, 20-13-11, 20-13-12.