Certain characteristics are protected against discrimination under both and federal laws in Rapid City and other communities of South Dakota. Government and private employers in Rapid City 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. Race, gender, religion, familial status and national origin are examples of some traits that employers may not use when evaluating you. In order for a claim of employment discrimination to be proven, a Rapid City, South Dakota plaintiff must show that his (or her) employer actively intended to treat him differently because of his 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, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with specific agencies. A Rapid City, 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.