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Employees claiming harassment must prove unequal treatment and discriminatory intent

Marie Jansova commented for EELC Journal No. 3/2013 on a recent decision of the Supreme Court of the Czech Republic regarding an employee’s burden of proof in discrimination disputes. In its ruling the Supreme Court concluded that an employee bringing a discrimination claim against an employer must not only allege discriminatory behaviour, but also bears the burden of proof that he or she was either treated unequally compared to other employees or in an otherwise unfair way, and must show which of the employer’s actions and/or behavior evidences such treatment. Only after the employee proves the existence of unequal or unfair treatment does the burden of proof shift to the employer, which must then prove that the unfair treatment was not motivated by discrimination.

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