If a discrimination charge is filed, who has to prove it happened
The complainant, prove that discrimination occurred
If a discrimination charge is filed, the burden of proof falls on the person making the discrimination claim (the plaintiff) to prove that discrimination occurred. This means that the plaintiff must provide evidence and prove that the alleged discrimination took place based on a protected characteristic such as race, religion, gender, national origin, disability, or age.
However, the burden of proof may shift to the defendant if the plaintiff can establish a prima facie case of discrimination. This means the plaintiff must show that:
1. They belong to a protected class
2. They were qualified for the position or job they applied for
3. They were subject to an adverse employment action, such as being denied a job, being demoted or being terminated.
4. This adverse action occurred under circumstances that give rise to an inference of discrimination, such as a similarly situated person who is not part of a protected class receiving preferential treatment.
If the plaintiff can meet the burden of establishing a prima facie case, then the burden of proof shifts to the defendant, who must provide a legitimate, non-discriminatory reason for the action taken. If the defendant can offer a legitimate reason, the burden shifts back to the plaintiff to prove that the reason was a pretext for discrimination.
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