California, United States of America
The following excerpt is from Morales v. Delano Dist. Skilled Nursing Facility, F068851 (Cal. App. 2015):
11. In its ruling, the trial court misallocated the initial burden. The trial court cited Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 214-215 for the proposition that "a plaintiff has the initial burden to make a prima facie case of discrimination by showing that it is more likely than not that the employer has taken an adverse employment action based on a prohibited criterion." (Id. at p. 214.) The District makes similar comments in its briefing.
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