Fair Housing
What is the 'burden of proof' in a Hawaii fair housing discrimination claim?
AA. The complainant must prove discrimination beyond a reasonable doubt
BB. The complainant must establish a prima facie case; the burden then shifts to the respondent to provide a legitimate non-discriminatory reason; the complainant may then show this is pretextual✓ Correct
CC. The respondent must prove they did not discriminate
DD. Fair housing complaints require no specific burden of proof in Hawaii
Explanation
In fair housing cases, the complainant establishes a prima facie case of discrimination. The burden then shifts to the respondent to articulate a legitimate, non-discriminatory reason for their action. The complainant may then demonstrate that the stated reason is a pretext for discrimination (the McDonnell Douglas framework).
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