In South Dakota, discrimination by employers that is based on gender is prohibited by the Civil Rights Act of 1963 and the Equal Pay Act. In accordance, employers may not take gender into account when making decisions regarding wages, hiring, or promotions. They must also make sure that working environments will not be hostile towards a certain gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay act, discrimination can be proven if men and women both work in the same place, do the same job, but are nevertheless paid differently. Discrimination claims in Madison can be proven where the employer only hires one gender, promotes employees on the basis of gender, or acts in retaliation against a worker who has complained of employer misconduct.
When is Sexual Harassment Prohibited?
Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. A Madison employer may be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
A South Dakota employer may also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Also, there can be specific procedures that must be closely followed in pursuing a claim.