What is the burden of proof in discrimination cases?

In discrimination cases, the burden of proof typically lies with the employee to establish a prima facie case of discrimination, which involves showing sufficient evidence that discrimination likely occurred. Once the employee meets this initial burden, the onus shifts to the employer to demonstrate that there were legitimate, non-discriminatory reasons for the adverse employment action taken against the employee. This procedural dynamic is crucial as it ensures that the employee's claims are taken seriously and that the employer has an opportunity to present their defense.

This framework is derived from established legal standards set forth by courts, notably in cases like McDonnell Douglas Corp. v. Green, which outlines the process for evaluating discrimination claims. Therefore, when it is stated that if the worker shows probable discrimination, the employer must disprove it, it reflects the legal expectation that upon presenting evidence supporting a claim of discrimination, the employer is obliged to offer a rebuttal or justification for their actions.

The other options do not accurately convey the legal principles involved in discrimination cases. Suggesting that employees must prove that discrimination did not occur misrepresents the burden of proof by inverting the responsibility. The notion that employers must automatically pay compensation disregards the necessity of evaluating the validity of claims before any compensation is awarded. Lastly, stating