ARSD 20:03:09:04. Separate lines of progression and seniority systems

Employers may not classify a job as a male or female job or maintain separate lines of progression or separate seniority lists based on sex if this adversely affects any employee unless sex is a bona fide occupational qualification for that job. Employers may not arbitrarily classify jobs so that a female is prohibited from applying for a job labeled "male" or for a job in a male line of progression and vice versa or so that a male scheduled for layoff is prohibited from displacing a less senior female on a female seniority list and vice versa.