Law Dictionary

burden of production

The requirement of a defendant to produce a legitimate reason for certain behavior.



Once a plaintiff establishes a prima facie case, the burden of production shifts to defendant to articulate a legitimate, reason for behavior against the plaintiff. It's important to note that the burden of production isn't a burden of proof, i.e., defendant isn't required to prove that its articulated reason was, in fact, the basis for the behavior against the plaintiff. Rather, defendant is required to produce evidence that there was a valid reason for his acts against the plaintiff. The burden of proof discrimination always remains with plaintiff.

Source : LawyerIntl.com

Language : English

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