ARSD 20:03:08:05. Disparate treatment

A test or other employee selection standard, even though validated against job performance in accordance with this chapter, may not be imposed upon any individual or class protected by SDCL 20-13 if other employees, applicants, or members have not been subjected to that standard. Those employees or applicants who have been denied equal treatment because of prior discriminatory practices or policies must at least be afforded the same opportunities as had existed for other employees or applicants during the period of discrimination.