60-2-20. Use of genetic information in employment practices prohibited--Exceptions--Action for damages.
It is an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information, as defined in §60-2-21, of an employee or a prospective employee to distinguish between or discriminate against employees or prospective employees or restrict any right or benefit otherwise due or available to an employee or a prospective employee. However, it is not an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information if:
(1)The employer is a law enforcement agency conducting a criminal investigation; or
(2)The employer relies on the test results from genetic information obtained by law enforcement through a criminal investigation, the employer legally acquires the test results, the employer keeps the test results confidential except as otherwise required by law, and the employer uses the test results for the limited purpose of taking disciplinary action against the employee based only on the alleged misconduct.
Any employee or prospective employee claiming to be aggrieved by this unlawful employment practice may bring a civil suit for damages in circuit court. The court may award reasonable attorney fees and costs in addition to any judgment awarded to the employee or prospective employee.
Source: SL 2001, ch 290, §1.
Structure South Dakota Codified Laws
Title 60 - Labor and Employment
Chapter 02 - Obligations Of Employer And Employee
Section 60-2-1 - Indemnification of employee by employer--Exceptions.
Section 60-2-2 - Losses for which employer not required to indemnify employee.
Section 60-2-3 - Employer to indemnify for his own negligence.
Section 60-2-4 - Service with ordinary care and diligence.
Section 60-2-5 - Duties of employee for his own benefit.
Section 60-2-6 - Contract for service limited to two years.
Section 60-2-7 - Obedience to employer required--Exceptions.
Section 60-2-8 - Duty of employee to conform to usage--Exception.
Section 60-2-9 - Degree of skill required of employee.
Section 60-2-10 - Products of employment belong to employer--Exception.
Section 60-2-11 - Duty of employee to account.
Section 60-2-12 - Employee not bound to deliver without demand.
Section 60-2-13 - Preference to employer's business.
Section 60-2-14 - Preference between employers according to urgency.
Section 60-2-15 - Responsibility of employee for substitute.
Section 60-2-16 - Responsibility to employer for misconduct.
Section 60-2-17 - Duty of surviving employee.
Section 60-2-18 - Day's labor defined.
Section 60-2-19 - Duty of employee to deliver things received.