Who has the heaviest burden when it comes to the burden of proof in discrimination cases?
A) EEOC
B) the employer in question
C) the employee in question
D) the EEO office

Question

Quizplus · Accepted Answer

In discrimination cases, the burden of proof falls on the employer in question. The employee only needs to establish a prima facie case (i.e. present evidence that discrimination occurred), and then it is up to the employer to provide a legitimate, non-discriminatory reason for their actions. If the employer cannot do so, then discrimination is presumed and the burden shifts back to the employer to prove that their actions were not discriminatory. The EEOC and EEO office may investigate and bring charges, but they do not carry the burden of proof in the case.

Who Has the Heaviest Burden When It Comes to the Burden