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" Get rid of the forms and it's basically your word against theirs in court." Isn't that the ideal situation to be in, if you're the defendant? The burden of p
by neoncontrails 11y ago
" Get rid of the forms and it's basically your word against theirs in court."
Isn't that the ideal situation to be in, if you're the defendant? The burden of proof rests on the employee to prove discrimination. From the company's point of view, surely, the fewer forms, the less proof.
- rdancer 11y agoIn a civil suit, the standard is "preponderance of evidence". In a he said, she said situation, circumstantial evidence becomes very important. If you've hired a hundred black lesbian octogenarians, and you're sued by a class of 20-something latino hetero males, you better be able to prove your hiring process wasn't discriminatory. Some jurisdictions also shift the burden of proof under some circumstances so it is actually worse for the defendant.