Particular characteristics are protected against discrimination under both and federal laws in Hot Springs and other communities of South Dakota. Government and private employers in Hot Springs 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. The plaintiff must prove that their employer intended to treat them unfairly because of their protected status in order to prevail on a discrimination claim in Hot Springs, South Dakota.
How can Employment Discrimination be Proven in South Dakota?
This is demonstrated upon finding a prior history of similar treatment of members of the same class, or upon testimony regarding the employer's statements that a reasonable person would hold to be biased. Additionally, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with certain agencies. An attorney in Hot Springs, South Dakota can assist you in filing on time, as well as pursuing other remedies that are available to you while your claim is pending.