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When does the employer have the burden of proof in an EEOC discrimination claim? During the period that the EEOC investigates After the case has been decided by the court After the plaintiff has established the prima facie case Throughout the entire process

Question

When does the employer have the burden of proof in an EEOC discrimination claim? During the period that the EEOC investigates After the case has been decided by the court After the plaintiff has established the prima facie case Throughout the entire process

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Solution

The employer has the burden of proof in an EEOC discrimination claim after the plaintiff has established the prima facie case. This means that once the plaintiff has provided enough evidence to support a reasonable argument that discrimination has occurred, the burden then shifts to the employer to provide a legitimate, non-discriminatory reason for their actions.

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What is the burden of proof in a civil case and who/what has this burden?  What is the burden of proof in a criminal case and who/what has this burden?

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