What is the burden of proof for a discrimination case?

In Texas, the burden of proof for a discrimination case depends on the type of discrimination in question. Generally, in a discrimination case, the plaintiff or accuser must establish that the employer’s decision or action was based on a ‘protected characteristic.’ A protected characteristic is a trait or class of individuals that is legally protected from discrimination. In Texas, these traits include age, race, religion, and disability. Once a plaintiff establishes a protected characteristic, they must then prove the protected characteristic was a “substantial factor” in the employer’s decision or action. The plaintiff is then required to prove the employer’s action or decision was based on prejudice, ill-will, or other motivation that was related to the plaintiff’s protected characteristic. In cases involving discrimination based on age, the plaintiff must establish that the employer’s decision or action was motivated by age prejudice. If the plaintiff is successful in proving that the employer’s decision was based on age prejudice, then the employer bears the burden of proving that their decision was not based on prejudice. In summary, in a discrimination case in Texas, the burden of proof is on the plaintiff to establish that the employer’s decision or action was based on a protected characteristic and then prove that the protected characteristic was a substantial factor in the decision or action. If it is an age discrimination case, the plaintiff must then establish that the decision was motivated by age prejudice and the employer must then demonstrate that the decision was not based on prejudice.

What is the burden of proof for a discrimination case?

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