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.
To be able to prove a claim of racial discrimination, the Vermillion plaintiff also needs to show that the employer had an intent to discriminate, and that the discriminatory action was based on race. This intent is most often proven by showing that the employer preferentially treated those of other races and nationalities.
How Can a Vermillion Lawyer Help with My Claim?
Recorded statements about racial issues that were made by the employer can also be used in some cases to establish intent. Laws of procedure vary greatly in this area of law depending on where you file your claim, and local Vermillion lawyers will be familiarized with the requirements of your geographical region. Should you decide to file your claim at the EEOC, a South Dakota lawyer will be able to help you out, and they can also point you towards other types of remedies available to you while your claim is pending.