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Burden of Proof: Terms

Burden of Proof: Terms. Burden of Production -- the obligation of a party to the case to present some evidence to support its claims Burden of Persuasion -- the obligation of convincing the trier of fact (jury or judge if non-jury trial) as to the validity of claims

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Burden of Proof: Terms

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  1. Burden of Proof: Terms • Burden of Production -- the obligation of a party to the case to present some evidence to support its claims • Burden of Persuasion -- the obligation of convincing the trier of fact (jury or judge if non-jury trial) as to the validity of claims • If neither party is convincing, who loses -- that party has the burden of persuasion • Plaintiff generally has burden of persuasion • Burden of production shifts during trial

  2. Burden of Proof: Procedure • General 3 Part Procedure • P must make Prima Facie Case • D must rebut P’s P.F. case -- D must “articulate legitimate justification” for actions • P may show that D’s offered justification is pretext for discrimination

  3. Burden of Proof: Treatment Cases • P has to establish Prima Facie case -- burden of production & persuasion (McDonnell-D.) • D has to “articulate legitimate justification” -- burden of production (Burdine) • P can still show D’s justification is pretext -- P still has burden of persuasion (St. Mary’s Honor Center)

  4. Burden of Proof: Mixed Motive Treatment Cases • P has to show p.f. case -- illegal disc was motivating factor -- burden of production & persuasion (s. 703(m), Price Waterhouse) • D must show “same decision” without illegal motive -- burden of persuasion (s. 703(m)) • D meeting “same decision” test subjected only to injunction and legal fees (s.706(g)(2)(b)

  5. Burden of Proof: Impact Cases • P has to show selection process has disparate impact -- production & persuasion (s. 703(k)) • D has to show process job related (s. 703(k)) -- “manifest relationship to employment in question” -- persuasion (Watson) • P can show alternative selection process/criteria without impact is available

  6. Making a Prima Facie Case: Treatment • 4 Part McDonnell Douglas “anecdotal” approach: • P is member of protected group • P is qualified for job and applies • P is rejected by employer • Employer’s job is still open • Workforce to Labor Market comparison (Hazelwood, Teamsters)

  7. Making a Prima Facie Case: Impact • P has to show “Manifest Statistical Imbalance” sufficient to raise inference of causation • P has to identify component of selection process causing impact • Statistical Evidence: • 4/5th’s rule • Workforce to Labor Market Comparison • Standard Deviation approach

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