Which theory places the burden of proof on the employee to prove discrimination?

• A. Disparate impact
• B. Hostile work environment
• C. Disparate treatment
• D. Retaliation

Answer: (A)

When discrimination is alleged based on intent—meaning the employer treated someone differently specifically because of a protected characteristic—the burden of proving that discrimination usually rests with the employee at the outset. This is the idea behind the theory that centers on discriminatory treatment. The employee must present evidence that they were treated differently in a way tied to a protected status (such as race, sex, age, etc.). If that initial showing is made, the employer then must provide a legitimate, non-discriminatory reason for the action. After that, the employee may try to show that the employer’s reason is a pretext for discrimination.

In contrast, a theory focused on disparate impact concerns neutral policies or practices that have a disproportionate adverse effect on a protected group. In those cases, the employee demonstrates the policy’s impact, and the employer must justify the policy with business necessity if the impact is shown.

So, the scenario described—placing the burden of proving discrimination on the employee in the context of discrimination claims—aligns with the discriminatory treatment theory, which centers on proving intentional discrimination.