Certain characteristics are protected against discrimination under both and federal laws in Canton and other communities of South Dakota. Government and private employers in Canton 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?
Employment discrimination can occur if the employer treats an employee unfairly based on their membership in a class that is legally protected. Traits that employers may not use to evaluate you include race, national origin, gender, religion and familial status. In Canton, South Dakota, in order to succeed on an employment discrimination claim, the plaintiff must demonstrate 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 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. Furthermore, employers may be held liable for firing someone or retaliating against them because they brought a discrimination lawsuit.
Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An Canton, South Dakota attorney can help you file on time, as well as pursue any additional remedies that may be available to you while your case is pending.