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. Government and private employers in Hurricane may 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 is when an employer treats you unfairly because you belong to a legally protected class. Race, gender, religion, familial status and national origin are examples of some traits that employers may not use when evaluating you. Plaintiffs in Hurricane, West Virginia are required to prove that their employer treated them unfairly due to their protected status in order to succeed on an employment discrimination claim.
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 Hurricane, 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.