What is the burden of proof for a discrimination case?

The burden of proof for a discrimination case in Washington is a “preponderance of the evidence.” This means that the party bringing the discrimination claim must prove that it is more likely than not that the discrimination occurred. This makes it easier for a plaintiff to win a discrimination case than it is for a criminal case, where the burden of proof is “beyond a reasonable doubt.” In a discrimination case, a plaintiff must first present enough evidence to show that they have a valid claim. This could include evidence of the discrimination such as emails or other records that show how the employment decision was made. The plaintiff must also be able to demonstrate that they were treated differently because of their protected characteristic. The defendant, or employer, must then present evidence to show that they did not discriminate based on the plaintiff’s protected characteristic. This could include evidence of the criteria used to make the employment decision and records of how other employees were treated. If the court finds that the plaintiff has presented sufficient evidence to meet the burden of proof, then the employer must prove that their actions were lawful and not based on the employee’s protected characteristic. If the employer cannot present sufficient evidence to overcome the plaintiff’s claim, then the plaintiff will have met the burden of proof and the court will rule in their favor.

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What is the burden of proof for a discrimination case?

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