Both Delaware and the federal government have passed laws that prohibiting discrimination on the basis of specific protected characteristics. Under state and Federal law, both private and public employers in Elsmere may be found liable for discrimination, depending on what type of trait originally prompted the discrimination.
How Does Employment Discrimination Occur?
If an employee is a member of a legally protected category and their employer treats them unfairly because of that, the employer will be held liable for employment discrimination. Employers are prohibited from using specific traits to evaluate you such as national origin, religion, race, age, familial status, or gender. In Elsmere, Delaware, in order to succeed on an employment discrimination claim, the plaintiff must demonstrate that the employer's intent in treating them differently was based on the protected status.
How can Employment Discrimination be Proven in Delaware?
This is demonstrated upon finding a prior history of similar treatment of members of the same class, or upon testimony regarding the employer's statements that a reasonable person would hold to be biased. Moreover, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Because it involves filing a claim with particular agencies, the procedure for pursuing employment discrimination claims can be complicated. An attorney in Elsmere, Delaware can assist you in filing on time, as well as pursuing other remedies that are available to you while your claim is pending.