In South Dakota, discrimination by employers that is based on gender is banned by the Civil Rights Act of 1963 and the Equal Pay Act. In accordance, employers may not take gender into account when making decisions regarding wages, hiring, or promotions. They also must ensure that working environments are not hostile or biased towards a certain gender, and that it is not of an overtly sexual atmosphere.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay Act, discrimination is proven when both men and women do the same type of work in the same job and yet are paid different wages. Discrimination claims in Aberdeen can be shown where the employer only hires one gender, promotes employees on the basis of gender, or acts in retaliation against a worker who has complained of employer misconduct.
When is Sexual Harassment Prohibited?
All unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An employer in Aberdeen might be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
South Dakota employers who allow conduct to produce an overly sexual work atmosphere may also be held liable for sexual harassment. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be difficult to prove without an attorney. The procedures for filing can also be complex.