Rights & Remedies

Reduced Burden of Proof

A legal provision where discrimination is presumed if an employee provides prima facie evidence, shifting the onus to the employer to disprove it.

Definition

In specific areas of discrimination claims under the GEA, such as those related to pay, promotion, or dismissal, the burden of proof is reduced for the employee. If the employee can present credible prima facie evidence of discrimination, the law presumes discrimination has occurred, and the employer then bears the responsibility to prove that no gender-based discrimination took place. This provision aims to facilitate access to justice for victims.

Reduced Burden of Proof - AI Regulation Glossary | RewardsET