Particular characteristics are protected against discrimination under both and federal laws in Sioux Falls and other communities of South Dakota. Government and private employers in Sioux Falls 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. Race, gender, religion, familial status and national origin are examples of some traits that employers can not use when evaluating you. In order for a claim of employment discrimination to be successful, a Sioux Falls, 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 is shown upon finding a prior history of similar treatment of members of the same class, or upon testimony regarding the employer's statements that a reasonable person would understand to be biased. Furthermore, an employer violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. Sioux Falls, South Dakota has many lawyers available to help you in filing in a timely fashion, and they can also help you pursue any remedies that might be available to you while your case is being processed.