What is Sexual Harassment under South Dakota Law?
The laws of South Dakota define sexual harassment as any unwelcome conduct of a sexual nature, including acts of either a verbal or physical nature. Some types of sexual harassment that are most commonly committed by an employer include exchanging favoritism for sexual favors, the creation of a hostile work environment of a sexual nature, and sexual advances.
How does South Dakota Law Prohibit Sexual Harassment?
First, Spearfish employers can be required to implement company policies that specifically address sexual harassment in the workplace. These must be posted in a visible area such as a break room. Company polices might include such matters as contact information to be used in reporting sexual harassment, filing procedures, and remedial measures in the event that a claim is proven to be true.
There are also federal and South Dakota laws that have created agencies to handle sexual harassment claims. These agencies have authority to investigate a Spearfish workplace for the sexual harassment conduct that is alleged in the complaints they receive. Such laws also make it illegal for employers to fire an employee for filing a harassment claim or to take any other action based on retaliation against the employee.
How can a South Dakota attorney help?
A claim for sexual harassment may be difficult to investigate and prove without the proper expertise in the relevant areas of law. It's not uncommon for federal investigators to be too busy to handle individual claims. Therefore, hiring an attorney in Spearfish can be the safest way to file your claim within the deadlines for sexual harassment claims that South Dakota has defined.
