What is the burden of proving that an employer has a legitimate, non-discriminatory motive for its actions?
MultiRegion, United States of America
The following excerpt is from Wood v., 16-3101-cv (2nd Cir. 2017):
a prima facie case, the burden shifts to the employer to present a legitimate, non-discriminatory reason for its action. Id. If an employer proffers a legitimate motive, the plaintiff must establish, by a preponderance of the evidence, that the presented reason is pretext for an otherwise discriminatory action. Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72, 83 (2d Cir. 2015).
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