In Re the Grievance of Gannon

DUNN, Justice.

This is an appeal from a judgment of the circuit court which reversed and vacated the decision of the Career Services Commission (Commission). The Commission had determined that the South Dakota Department of Labor (Department) was not discriminating against Marie Gannon (appel-lee) in its promotion policies. We reverse the circuit court’s judgment and reinstate the decision of the Commission.

Appellee is an American Indian woman who is over forty years of age and handicapped. She has been employed in the Unemployment Division of the Job Services office in Rapid City, South…