Specific characteristics are protected against discrimination under both and federal laws in Spearfish and other communities of South Dakota. Government and private employers in Spearfish 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 Spearfish, 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 demonstrated 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 hold to be biased. Additionally, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
Because it involves filing a claim with particular agencies, the procedure for pursuing employment discrimination claims can be complicated. An Spearfish, South Dakota attorney can help you file on time, as well as pursue any additional remedies that may be available to you while your case is pending.