The Federal government as well as the state of West Virginia have enacted laws which make it illegal to discriminate based on defined protected characteristics. Government and private employers in Elkins 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 occurs when an employer treats you unfairly because you belong to a legally protected category. Race, gender, religion, familial status and national origin are examples of some traits that employers can not use when evaluating you. In Elkins, West Virginia, 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 West Virginia?
This will be proven if the employer in question has treated others of the same class in a comparable manner. It may also be shown when there is testimony regarding specific employer statements that a reasonable person would define as biased. Additionally, employers may be held liable for firing someone or retaliating against them because they brought a discrimination lawsuit.
Employment discrimination claims have complicated filing procedures, because they involve pursuing the claim with particular agencies. An Elkins, West Virginia attorney can help you file on time, as well as pursue any further remedies that may be available to you while your case is pending.