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 opportunities.
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 matter to court. Discrimination based on race involves an employer who treats worker(s) differently than employees who are of another racial background.
The Box Elder plaintiff must also be able to prove 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 proven by showing that other people of different races were treated preferentially.
How Can a Box Elder Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to prove their intent to discriminate. Laws governing the procedures in discrimination will vary widely depending on where the claim is filed, and Box Elder attorneys will be able to help you with the requirements for your particular region. 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.