The Effort to Achieve Equality with the Help of the Reversal of the Burden of Proof In Anti-Discrimination Litigation

Application of non-discrimination has a fundamental problem inherent in the fact that the prosecutor has only a very limited possibility to prove violations of the prohibition of discrimination, and much less the motives of the discriminating person, and thus the reason for discrimination. In addition, discrimination occurs in the relations, which are characterized by considerable inequalities, when more evidence is on the side of potentially discriminating than on the side of those discriminated. The article offers the analysis and comparison of the US and European approach to the procedural aspects of the anti-discrimination litigation with the special attention given to the special procedural mechanism - the reversal of the burden of proof.