What is the burden of proving a previous employer discriminated against applicants who reapply for employment?

MultiRegion, United States of America

The following excerpt is from Grant v. Bethlehem Steel Corp., 635 F.2d 1007 (2nd Cir. 1980):

"(P)etitioners here have carried their burden of demonstrating the existence of a discriminatory hiring pattern and practice by the respondents and, therefore, the burden will be upon respondents to prove that individuals who reapply were not in fact victims of previous hiring discrimination." Id. at 772, 96 S.Ct. at 1267.

See Teamsters v. United States, supra, 431 U.S. at 359, 97 S.Ct. at 1866.

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