Certain characteristics are protected against discrimination under both and federal laws in Madison and other communities of South Dakota. Government and private employers in Madison 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. To prove employment discrimination in Madison, 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 shown if the employer has a history of mistreating people of the same status, or if individuals testify regarding the employer's specific statements that a reasonable person would conclude are biased. Additionally, an employer violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. A Madison, South Dakota lawyer can help you file in a timely manner, and while your case is pending, they can assist you in pursuing any available remedies.