What is the burden of proving discrimination against a plaintiff?

MultiRegion, United States of America

The following excerpt is from Gotthardt v. Nat'l Railroad Passenger Corp., 191 F.3d 1148 (9th Cir. 1999):

A plaintiff bears the burden of "proving the damages caused her. These damages are determined by `measuring the difference between actual earnings for the period and those which she would have earned absent the discrimination by defendant.' " Horn v. Duke Homes, 755 F.2d 599, 606 (7th Cir. 1985) (quoting Taylor v. Philips Ind., Inc. , 593 F.2d 783, 786 (7th Cir. 1979) (per curiam). If the plaintiff shows these damages, the court should award back pay. See Thorne, 802 F.2d at 1133-34.

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