Particular characteristics are protected against discrimination under both and federal laws in Brookings and other communities of South Dakota. Government and private employers in Brookings 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?
Employment discrimination can occur if the employer treats an employee unfairly based on their membership in a category that is legally protected. Traits that employers can not use to evaluate you include race, national origin, gender, religion and familial status. In Brookings, South Dakota, in order to succeed on an employment discrimination claim, the plaintiff must show that the employer's intent in treating them differently was based on the 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. Additionally, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Pursuing an employment discrimination claim can often be complicated, because they involve filing your claim with particular agencies. An attorney in Brookings, South Dakota can help you in filing on time, as well as pursuing other remedies that are available to you while your claim is pending.