What is the burden of proof in a disparate treatment discrimination case?Multiple ChoiceSubstantial evidencePreponderance of the evidenceClear and convincing evidenceBeyond a reasonable doubt
Question
What is the burden of proof in a disparate treatment discrimination case?Multiple ChoiceSubstantial evidencePreponderance of the evidenceClear and convincing evidenceBeyond a reasonable doubt
Solution
The burden of proof in a disparate treatment discrimination case is "Preponderance of the evidence". This means that the plaintiff (the person who is alleging discrimination) must prove that it is more likely than not that the employer intentionally discriminated. This is a lower standard of proof than "clear and convincing evidence" or "beyond a reasonable doubt", which are typically used in criminal cases.
Similar Questions
Which of the following is correct regarding disparate-impact discrimination cases?Multiple choice question.The plaintiff must prove that the reason given by the employer is a mere pretext.The plaintiff must articulate a legitimate, nondiscriminatory business reason for the action in question.The plaintiff must establish that a rule disproportionately limits employment chances for a protected class.The plaintiff must demonstrate a prima facie case of discrimination.
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
Which of the following is correct regarding disparate-impact discrimination cases?
Who has the burden of proof regarding criminal conduct?Group of answer choicesthe prosecutionthe witnessesthe judgethe victim
an explanation that applies appropriate and relevant legal principles to the case scenarios to decide if there are claims, and if so any appropriate remedies.
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