Certain characteristics are protected against discrimination under both and federal laws in Belle Fourche and other communities of South Dakota. Government and private employers in Belle Fourche can be held liable under state and federal law depending on what kind of trait the discriminatory treatment was based upon.
How Does Employment Discrimination Occur?
An employer will be deemed guilty of employment discrimination if they treat an employee unfairly because they belong to a category that is legally protected. Employers are prohibited from using certain traits to evaluate you such as national origin, religion, race, age, familial status, or gender. To show employment discrimination in Belle Fourche, South Dakota, the plaintiff needs to be able to show that the employer's intent to treat them unfairly was motivated by their protected status.
How can Employment Discrimination be Proven in South Dakota?
This can be proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Furthermore, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. A Belle Fourche, South Dakota lawyer can help you file in a timely manner, and while your case is pending, they can help you in pursuing any available remedies.