The proof of discrimination, the injury of fundamental rights and sexual and moral harassment in the Spanish labour process

Abstract

The general rules on the burden of proof are insufficient when it comes to prove a discriminatory or harmful behaviors of fundamental rights, because of its variety of manifestations and character usually masked, which has led to legislation and the jurisprudence to introduce certain relaxations aimed to ease the burden of proof of the applicant and objectify the burden of proof of the defendant. Polymorphism of discriminatory or harmful behaviors of fundamental rights leads to that for some of its manifestations, there are important evidentiary peculiarities, as is the case with indirect discrimination as its test requires the use of statistical tests, or as with sexual harassment as your test it requires taking into special consideration the statement of the victim. It also analyzes, ultimately, the burden of proof of bullying.