What is the burden of proof for a discrimination case?

In California, the burden of proof for a discrimination case lays mainly on the person submitting the complaint. Generally, the complainant must present enough evidence to demonstrate that the employer engaged in discriminatory practices and that their actions had a negative effect on the complainant. In order to meet the burden of proof, complainants must provide evidence that illustrates a sufficient connection between the employer’s allegedly discriminatory actions and the negative outcome the complainant experienced. This connection is referred to as a “prima facie case” and requires that the complainant present evidence that shows the employer’s actions were based on certain characteristics such as race, gender, age, or religion. Once these criteria have been met, the burden of proof shifts to the employer to prove that the supposedly-discriminatory actions were based on legitimate business considerations, or that the negative outcome would have occurred regardless of the discriminatory practices. The employer must demonstrate that the action was taken in good faith and justified by fair and reasonable circumstances. Ultimately, the burden of proof is a difficult threshold to meet and employers are held to a higher standard in cases of discrimination. If the complainant is able to establish a prima facie case and the employer is unable to demonstrate that the action was based on legitimate business considerations, then the court may find the employer guilty of discrimination.

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What is the burden of proof for a discrimination case?

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