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The principle of reversal of the burden of proof

In cases concerning infringement of the principle of equal treatment in employment, the principle of reversal of the burden of proof applies. This means that the burden of proving that there has been no breach of the principle of equal treatment lies with the employer. The employee only needs to substantiate the event/circumstance, etc. on the basis of which they claim that the principle of equal treatment has been breached. Thus, if an employee indicates facts which substantiate the accusation of unequal treatment, then the burden of proof shifts to the employer, who must prove that it was guided by objective reasons.

Translated with the support of the European Labour Authority

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