Gender, Race, and Publishing on the Left

[Wojtek Sokolowski]

At 06:53 PM 6/15/98 -0400, Justin Schwartz wrote:
>Such a standard can be a basis for a Title VII disparate impact sex
>discrinmination lawsuit. If the standard is really arbitrary, it will not
>pass muster. Standards like that have to be job related, or the employer
>will be liable. Job relatedness requires a showing of more than a
>mere assertion, although less than a staistically verifiable connection.
>But the employer's bare recitation that the standard is job related will
>not rebut a prima facie case of disparate impact discrimination.

Question: So who bears the burden of proof, if a standars is challenegd in
courts as arbitrary?  In other words, is it assumed that the standard is
arbitrary until the defendant (the employer) proves otherwise, or is it
assumed work-related until the plaintiff shows otherwise?

Regards,

Wojtek Sokolowski