Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is illegal 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. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.
The Madison plaintiff must also be able to prove that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Madison Lawyer Help with My Claim?
Additionally, in some circumstances, recorded employer statements regarding racial issues can be used to prove their intent to discriminate. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Madison attorney will be knowledgeable of the requirements for your particular location. A South Dakota lawyer may also help you with filing a claim with the EEOC as well as guide you to other possible remedies while the case is pending.