In the context of an EEOC complaint, understanding what this entails can significantly affect the outcome of your case. Simply put, the burden of proof lies with the complainant, who must demonstrate evidence supporting their discrimination claim.
Ultimately, the EEOC needs to be able to prove by a preponderance of evidence, meaning at least 51% probability, that you suffered employment discrimination at your worksite.
Q: What Are the Chances of Winning an EEOC Case? A: The EEOC has a very high success rate when it comes to court decisions, reaching favorable outcomes in nearly 96% of all district court cases stemming from EEOC complaints.
Simply put, the burden of proof lies with the complainant, who must demonstrate evidence supporting their discrimination claim. This involves presenting facts and sometimes witness testimonies to make a compelling case that the discrimination occurred.
The position statement should clearly explain the Respondent's version of the facts and identify the specific documents and witnesses supporting its position. A well drafted position statement can help EEOC accelerate the investigation and limit requests for additional information.