Particular characteristics are protected against discrimination under both and federal laws in Mitchell and other communities of South Dakota. Government and private employers in Mitchell can 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 category that is legally protected. Traits that employers can not use to evaluate you include race, national origin, gender, religion and familial status. To show employment discrimination in Mitchell, 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 proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Furthermore, employers are in clear violation of the law when they fire someone or retaliate against them because they filed a discrimination lawsuit.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with certain agencies. Lawyers in the city of Mitchell, South Dakota may direct you in filing your claim on time, and while your case is pending, they can help you pursue further remedies that might be available for you.