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(2)Such individual has not fulfilled or has ceased to fulfill that requirement. Source: SL 1972, ch 11, §6 (5).
South Dakota Legal Code