Specific characteristics are protected against discrimination under both and federal laws in Yankton and other communities of South Dakota. Government and private employers in Yankton 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 Yankton, South Dakota, in order to succeed on an employment discrimination claim, the plaintiff must show that the employer's intent in treating them differently was based on the 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.
The procedure for pursuing an employment discrimination claim is complicated, since it involves filing a claim with particular agencies. A Yankton, South Dakota lawyer can help you file in a timely manner, and while your case is pending, they can help you in pursuing any available remedies.