Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is prohibited 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.
To be successful in a racial discrimination claim, the Harrisburg employee must further prove that their employee had the required intent to discriminate based upon the person's race. Intent may be proved by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Harrisburg Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to prove intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Harrisburg lawyers will be familiarized with the requirements of your geographical region. A good South Dakota attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.