What is the burden of proving that an employer discriminated against an employee in the workplace?
MultiRegion, United States of America
The following excerpt is from Najera v. State of Cal., Dept. of Corrections, 54 F.3d 786 (9th Cir. 1995):
3 If the plaintiff makes a prima facie case, the burden shifts to the employer to articulate some legitimate, nonretaliatory reason for the adverse action. See Wrighten v. Metropolitan Hosp., Inc., 726 F.2d 1346, 1354 (9th Cir. 1984). If the employer makes such a showing, the burden shifts back to the employee to show that the explanation is a pretext or that the discriminatory reason more likely motivated the employer's action. Id.
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