What is the burden of proving a claim of sexual discrimination?
The following excerpt is from Ishikawa v. City of New York, Dept. of Cultural Affairs, 101 F.3d 109 (2nd Cir. 1996):
[f]irst, the plaintiff has the burden of proving by the preponderance of the evidence a prima facia case of discrimination. Second, if the plaintiff succeeds in proving the prima facia case, the burden shifts to the defendant to articulate some legitimate, nondiscriminatory reason for the employee's rejection. Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.
Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 252 (1981) (quotations and citations omitted).
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