South Dakota § 60-2-20 Use of genetic information in employment practices prohibited--Exceptions--Action for damages.

South Dakota Statutes

§ 60-2-20 — Use of genetic information in employment practices prohibited--Exceptions--Action for damages.

South Dakota § 60-2-20

Title 60LABOR AND EMPLOYMENT

Ch. 60-2OBLIGATIONS OF EMPLOYER AND EMPLOYEE

This text of South Dakota § 60-2-20 (Use of genetic information in employment practices prohibited--Exceptions--Action for damages.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 60-2-20 (2026).

Text

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 resul

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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.