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 Kanawha County 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 Kanawha County, 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 violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An Kanawha County, West Virginia attorney can help you file on time, as well as pursue any additional remedies that may be available to you while your case is pending.