What is the burden of proof in a discrimination case?

The burden of proof rests with the complainant to establish a prima facie case of discrimination. Such a case is made out if the complainant establishes, on the balance of probabilities that the acts of discrimination occurred in the circumstances of the case. If such a burden is met, the onus shifts to the respondent to prove, on a balance of probabilities, that the contravention was reasonable and justifiable in the circumstances. The rational for this standard is set forth in the case of O’Malley v. Simpson Sears[2]: A prima facie case in this context is one which covers the allegations made and which, if they are believed, is complete and sufficient to justify a verdict in the complainant’s favour in the absence of answer from the respondent- employer.