What is the burden of proving an employer discriminated against an employee in the workplace?

California, United States of America


The following excerpt is from Mosley v. St. Supéry Vineyards & Winery, A137373 (Cal. App. 2014):

remain unexplained, that it is more likely than not that such actions were "based on a [prohibited] discriminatory criterion . . . ." ' " ' [Citation.] Once the employee satisfies this burden, there is a presumption of discrimination, and the burden then shifts to the employer to show that its action was motivated by legitimate, nondiscriminatory reasons. [Citation.] A reason is 'legitimate' if it is 'facially unrelated to prohibited bias, and which if true, would thus preclude a finding of discrimination.' [Citation.] If the employer meets this burden, the employee then must show that the employer's reasons are pretexts for discrimination, or produce other evidence of intentional discrimination." (Reid v. Google, Inc. (2010) 50 Cal.4th 512, 520, fn. 2, italics omitted.)

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