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 Martinsburg 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. Employers can not base their evaluations of you on particular traits including religion, race, age, gender, national origin, and familial status. The plaintiff must prove that their employer intended to treat them unfairly because of their protected status in order to succeed on a discrimination claim in Martinsburg, West Virginia.
How can Employment Discrimination be Proven in West Virginia?
This may be shown if the employer has treated others of the same status similarly, or when people testify to certain statements made by the employer that would indicate bias when heard by a reasonable person. Furthermore, employers are in clear violation of the law when they fire someone or retaliate against them because they filed a discrimination lawsuit.
Pursuing an employment discrimination claim can often be complicated, because they involve filing your claim with particular agencies. An Martinsburg, 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.