D.C. Mun. Regs. r. 4-425

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 4-425 - BURDEN OF PROOF
425.1

The initial burden of production of evidence shall rest with the Office and the complainant to establish a prima facie case of an unlawful discriminatory act or practice.

425.2

Upon the satisfaction of the Office's and the complainant's burden of production, the burden shall shift to the respondent to articulate a legitimate, nondiscriminatory explanation for the alleged act or practice.

425.3

Upon the satisfaction of the respondent's burden of production, the complainant shall be afforded an opportunity to demonstrate that the respondent's explanation is a pretext or is otherwise invalid.

425.4

The ultimate burden of persuasion shall rest with the Office and the complainant to prove by a preponderance of the reliable and probative evidence that the allegations of the complaint credited with probable cause are true.

D.C. Mun. Regs. r. 4-425

Final Rulemaking published at 42 DCR 1429, 1447 (March 24, 1995)