3 ms·
How can the employer prove a negative? At most I imagine the plaintiff is allowed to do discovery, and then has to prove positive discrimination based on that.
by danarmak 4y ago
How can the employer prove a negative?
At most I imagine the plaintiff is allowed to do discovery, and then has to prove positive discrimination based on that.
- radu_floricica 4y ago
- vajrabum 4y agoIf you read the document again (?) maybe you'll see it's not about proving a negative. Instead, it's a standard of due care. Did you check whether using some particular tool illegally discriminates and document that consideration? From the document itself: "Clarifies that, when designing or choosing technological tools, employers must consider how their tools could impact different disabilities; Explains employers’ obligations under the ADA when using algorithmic decision-making tools, including when an employer must provide a reasonable accommodation;"
- HWR_14 4y agoIf it's a civil case, it's just the preponderance of the evidence. The jury just has to decide who they think is more likely to be correct.