The burden of proof in a discrimination case is the responsibility of the person bringing the claim to provide evidence to support their allegations of discrimination. The standard of proof required in a discrimination case is a preponderance of the evidence, which means that it is more likely than not that discrimination occurred.
Here's how the burden of proof works in a discrimination case:
The plaintiff must establish a prima facie case of discrimination. This means that the plaintiff must provide evidence that they belong to a protected class, that they were qualified for the job or other opportunity at issue, that they experienced an adverse employment action, and that similarly situated individuals who were not members of the protected class were treated more favorably.
Once the plaintiff has established a prima facie case, the burden of proof shifts to the defendant to provide a legitimate, non-discriminatory reason for the adverse employment action. This means that the defendant must provide a plausible explanation for why the plaintiff was not hired, promoted, or otherwise treated fairly.
If the defendant provides a legitimate reason for the adverse employment action, the burden of proof shifts back to the plaintiff to show that the defendant's explanation was a pretext for discrimination. This means that the plaintiff must provide evidence that the defendant's explanation was not credible or that discrimination was a motivating factor in the adverse employment action.
In some cases, the burden of proof may be slightly different depending on the particular laws and circumstances of the case. A discrimination lawyer can help you understand the burden of proof that applies in your particular case and advise you on the best course of action to take.