What is the term used for the shift of the burden to the plaintiff when the employer offers a legitimate nondiscriminatory reason for the action?

What is the term used for the shift of the burden to the plaintiff when the employer offers a legitimate nondiscriminatory reason for the action?

• A. Burden of Production
• B. Burden Shifting
• C. Prima Facie Shift of Burden
• D. Mixed Motive

Answer: (C)

The main concept is how the burden of proof shifts in a discrimination case after the employer presents a legitimate nondiscriminatory reason for a decision. When such a reason is offered, the plaintiff must now show that the reason is a pretext for discrimination, not the true reason. The term describing this shift to the plaintiff is a Prima Facie Shift of Burden. This wording captures that the plaintiff must meet a prima facie standard by demonstrating that the employer’s LNDR is not the real cause of the adverse action. The other phrases are broader or describe different aspects: the burden of production is the general obligation to present sufficient evidence at a stage; burden shifting refers to the overall process of moving between parties during the case; mixed motive describes a situation where both legitimate and discriminatory reasons influence the decision, which affects damages and defenses but isn’t the specific label for the shift in this scenario.

The main concept is how the burden of proof shifts in a discrimination case after the employer presents a legitimate nondiscriminatory reason for a decision. When such a reason is offered, the plaintiff must now show that the reason is a pretext for discrimination, not the true reason. The term describing this shift to the plaintiff is a Prima Facie Shift of Burden. This wording captures that the plaintiff must meet a prima facie standard by demonstrating that the employer’s LNDR is not the real cause of the adverse action. The other phrases are broader or describe different aspects: the burden of production is the general obligation to present sufficient evidence at a stage; burden shifting refers to the overall process of moving between parties during the case; mixed motive describes a situation where both legitimate and discriminatory reasons influence the decision, which affects damages and defenses but isn’t the specific label for the shift in this scenario.