Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is prohibited 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 offers.
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 issue to court. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.
The Mitchell plaintiff must further be able to show that the employer acted with intent to discriminate based on race in order to succeed in a racial discrimination claim. The employer's intent can often be shown by showing that other people of different races were treated preferentially.
How Can a Mitchell Lawyer Help with My Claim?
Furthermore, sometimes statements that were recorded and made by the employer regarding racial issues can be used to show intent. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Mitchell lawyer will be familiar with requirements in your area. A good South Dakota attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.