Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is illegal to discriminate on the basis of race in the state of South Dakota. According to such laws, an employer cannot use race as the basis for making decisions regarding hiring, recruitment, wage levels, or promotion offers.

What Must Be Proven in a Discrimination Claim?

The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the issue to court. Discrimination based on race involves an employer who treats worker(s) differently than workers who are of another racial background.

The Belle Fourche plaintiff must also be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The employer's intent can often be shown by showing that other people of different races were treated preferentially.

How Can a Belle Fourche Lawyer Help with My Claim?

Also, sometimes statements that were recorded and made by the employer regarding racial issues can be used to prove intent. Depending on where you file your claim, the procedural laws will vary considerably, and so a Belle Fourche lawyer will help familiarize you with the requirements for your district. A good South Dakota attorney will also be able to assist you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.