burdenshifting

Burden shifting, or burdenshifting, is the transfer of the obligation to prove a disputed assertion from one party to another as a case develops. The term is used in law, economics, and public policy to describe changes in who must produce evidence or bear costs in a dispute or regulatory context.

In civil litigation and anti-discrimination law, burden shifting is a common procedural feature. A plaintiff may establish a prima facie case; if shown, the burden shifts to the defendant to articulate a legitimate nondiscriminatory reason. If the defendant meets that burden, the plaintiff must show that the stated reason is a pretext. Throughout this process, the ultimate burden of persuasion typically remains with the plaintiff.

Criminal law generally places the burden of proof on the prosecution, which must prove guilt beyond a reasonable doubt. Shifts can occur in limited ways, such as when a defendant raises an affirmative defense that requires the defendant to prove certain elements, or when evidentiary rules allocate production burdens. In practice, the core burden of proving the charged crime does not rest with the defendant, and shifts are carefully circumscribed.

In economics and public policy, burden shifting describes how the economic burden of a tax or regulation is distributed. The tax incidence may shift between buyers and sellers depending on relative elasticities of supply and demand, taxes, prices, and market responses. Regulatory costs can similarly be borne by different groups, influencing behavior and welfare.

Understanding burden shifting helps explain how claims are evaluated in court and how policies affect who bears costs and risks.