Department of Labor and Regulation

Title - Division of Human Rights

Interview Questions

Federal and state laws prohibit certain questions during job interviews and on job applications. Employers may not ask for information about:

  • age (date of birth)
  • sex
  • race
  • color
  • religion
  • national origin
  • disability
  • ancestry
  • medical history
  • workers' compensation

Asking about marital status, spouse's name, number of children, childcare provisions, whether renter or homeowner, arrest records or citizenship is also considered suspect.

Employers have the right to offer employment contingent on passing an employee physical exam only if all employees in that job category must submit to the physical. Employers should also keep in mind that medical information revealed in the course of a physical exam must be kept separate from an employee's personnel file.

After an employee is hired, employers may request information for affirmative action reports.

Good Rule of Thumb: When in doubt, keep all questions job-related.

The information provided on this website should in no way be considered legal advice. For specific information about your legal rights, you should consult your personal attorney. If you have a general question, contact us.

South Dakota Department of Labor and Regulation
Division of Labor and Management
123 W. Missouri Ave.
Pierre, SD 57501-4505
Phone: 605.773.3681


Marcia Hultman, Secretary
123 W. Missouri Ave.
Pierre, SD 57501-4505
Tel. 605.773.3101
Fax. 605.773.6184