South Dakota Codified Laws 20-13-14. Requiring security clearance not unfair or discriminatory
Notwithstanding any provision of §§ 20-13-10 to 20-13-13, inclusive, it shall not be an unfair or discriminatory practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if:
(1) The occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any executive order of the President; and
Terms Used In South Dakota Codified Laws 20-13-14
- Labor organization: includes any person, employee representation committee, plan in which employees participate, or other organization which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment. See South Dakota Codified Laws 20-13-1
- Statute: A law passed by a legislature.
(2) Such individual has not fulfilled or has ceased to fulfill that requirement.
Source: SL 1972, ch 11, § 6 (5).