Certain characteristics are protected against discrimination under both and federal laws in Brandon and other communities of South Dakota. Government and private employers in Brandon 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 Brandon, 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, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.

Because it involves filing a claim with specificed agencies, the procedure for pursuing employment discrimination claims can be complicated. An Brandon, South Dakota attorney can help you file on time, as well as pursue any further remedies that may be available to you while your case is pending.