Compliance
Burden of Proof
The legal obligation to prove a fact, shifted to the respondent once a prima facie case of discrimination is made.
Definition
The burden of proof refers to the legal obligation on a party to prove its assertions. In discrimination cases under this Directive, once a person alleging discrimination establishes facts from which it may be presumed that there has been direct or indirect discrimination, it is for the respondent (e.g., employer) to prove that there has been no breach of the principle of equal treatment. This shift aims to facilitate victims' access to justice.