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Which of the Following Occurs When a Plaintiff Establishes a Prima

Question 22

Multiple Choice

Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?


A) The plaintiff wins.
B) The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge.
C) The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur.
D) The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt, a special standard in disparate-treatment cases.
E) The burden remains with the plaintiff to establish damages to a reasonable certainty.

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