The Federal government as well as the state of West Virginia have enacted laws which make it illegal to discriminate based on specified protected characteristics. Depending on what type of trait prompted the discriminatory treatment, government employers and even private organizations in Charleston can be held liable under various state and federal laws.
How Does Employment Discrimination Occur?
If an employee is a member of a legally protected category and their employer treats them unfairly because of that, the employer will be held liable for employment discrimination. Employers are prohibited from using particular traits to evaluate you such as national origin, religion, race, age, familial status, or gender. The plaintiff must prove that their employer intended to treat them unfairly because of their protected status in order to prevail on a discrimination claim in Charleston, West Virginia.
How can Employment Discrimination be Proven in West Virginia?
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, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Because it involves filing a claim with certain agencies, the procedure for pursuing employment discrimination claims can be complicated. An attorney in Charleston, West Virginia can assist you in filing on time, as well as pursuing other remedies that are available to you while your claim is pending.