What is the burden of proving an employer discriminated against a plaintiff?
California, United States of America
The following excerpt is from State of CA. v. Univ. of Redlands, 106 Cal.Rptr.2d 480, 88 Cal.App.4th 1147 (Cal. App. 2001):
"'First, the plaintiff bears the initial burden of establishing a prima facie case of discrimination. The employer then must offer a legitimate nondiscriminatory reason for the adverse employment decision. Finally, the plaintiff bears the burden of proving the employer's proffered reason was pretextual. [Citations.]' [Citation.]" (Le Bourgeois v. Fireplace Manufacturers, Inc. (1998) 68 Cal.App.4th 1049, 1058, fn. omitted, quoting Brundage v. Hahn (1997) 57 Cal.App.4th 228, 236.)
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