Under the U.S. Constitution, as well as Title VII of the U.S. Code, it is illegal 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 opportunities.
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 matter to court. Racial discrimination claims involve situations where an employers treat workers differently than other workers who are of a different race.
In order to succeed on a claim for racial discrimination, the Sturgis plaintiff must also prove that their employer intended to base the discrimination on race or nationality. Proof of an employer's intent to discriminate can be shown if they have preferentially treated workers of different races than the plaintiff.
How Can a Sturgis Lawyer Help with My Claim?
In some cases also, recorded statements made by the employer about racial issues can be used to establish intent. In this area of litigation, procedural laws will vary greatly depending on where the claim is filed, and a Sturgis attorney will be knowledgeable of the requirements for your particular location. An experienced South Dakota lawyer will also guide you in filing your claim with the EEOC, as well as helping you obtain other types of relief while your claim is being processed.