Burden of Proof Shift

Under the Directive, the burden of proof in pay discrimination cases shifts from the employee to the employer. This means that if an employee presents facts from which pay discrimination on grounds of sex may be presumed (e.g., showing a significant pay disparity for comparable work without obvious justification), it then becomes the employer's responsibility to prove that there has been no direct or indirect discrimination in pay. This mechanism is designed to make it easier for victims of discrimination to pursue claims, as employers typically possess all relevant pay data and can more readily demonstrate objective, gender-neutral justifications for pay differences.

In the context of pay discrimination claims under the Directive, the burden of proof shifts to the employer. This means that if a worker establishes facts from which discrimination on grounds of sex may be presumed, it is then for the employer to prove that no discrimination has occurred. This mechanism significantly strengthens the position of claimants, as it addresses the inherent difficulty workers face in accessing the necessary information to prove discriminatory pay practices.

In cases of suspected pay discrimination under the Czech draft act, if an employee presents facts from which discrimination can be presumed, the legal burden shifts to the employer. The employer is then required to demonstrate that no breach of equal pay rules has occurred and that any pay differences are based on objective, gender-neutral criteria. This aims to ease the evidentiary burden on employees and strengthen enforcement against discrimination.