Certain characteristics are protected against discrimination under both and federal laws in Box Elder and other communities of South Dakota. Government and private employers in Box Elder may 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 found guilty of employment discrimination if they treat an employee unfairly because they belong to a class 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 prove employment discrimination in Box Elder, 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 may 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. Additionally, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with specific agencies. An attorney in Box Elder, South Dakota can assist you in filing on time, as well as pursuing other remedies that are available to you while your claim is pending.