ARSD 20:03:08:02. Discrimination through use of tests defined

The use of a test which adversely affects hiring, promotion, transfer, or any other employment or membership opportunity of classes protected by the act constitutes discrimination unless the test has been validated and conforms to the guidelines on employee selection procedures issued by the U.S. equal employment opportunity commission, 29 C.F.R. 1607 (September 25, 1978), and the person giving a particular test or acting upon the results of that test can demonstrate that alternative suitable hiring, transfer, or promotion procedures are unavailable for his use.