Also known as: prima facie proofs · prima facie evidence
Written by attorneys · grounded in primary & secondary sources — see below
Evidence that, if unrebutted, suffices to establish a particular fact or element of a claim.
Piper Patel burned a wooden cross on a public lawn during a protest against university policy. She posted messages criticizing the policy and naming no individuals. When charged under a statute treating any cross burning as prima facie evidence of intent to intimidate, Patel introduced evidence of her expressive purpose. The court permitted her to rebut the presumption and dismissed the charge.
Philip Powell petitioned to probate a document as the decedent's will. He supplied the repository metadata and digital signature as prima facie proof of due execution. The contestant offered no evidence of lack of capacity or improper execution. The court admitted the will to probate.
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Paul Peterson sued his employer after being passed over for promotion. He presented statistical evidence showing gross disparities in promotions for workers of his race. The court treated the statistics as prima facie proof of a pattern or practice of discrimination. The employer then had to articulate a nondiscriminatory reason.
Pierce Patterson filed a complaint alleging termination based on national origin. He alleged facts showing he was qualified and replaced by someone outside his protected class. The court held these allegations supplied prima facie proof sufficient to survive a motion to dismiss. Discovery could then test the ultimate merits.
Patrick Phan challenged a city's set-aside program for construction contracts. He introduced data showing minority firms received far fewer prime contracts than their availability in the qualified pool. The court accepted the data as prima facie proof of discrimination. The city then had to show a narrowly tailored remedy.
Portia Price applied for a mechanic position and was rejected. She showed she was qualified, the employer continued seeking applicants, and she belonged to a protected class. The court found she had established prima facie proof of discrimination. The employer then bore the burden to articulate a legitimate reason.
In a contested probate proceeding the proponent of a will must supply prima facie proof of due execution. The contestant then bears the burden to establish lack of capacity or undue influence. Each party retains the ultimate burden of persuasion on the issues for which it carries the initial burden.
No. The First Amendment forbids treating every cross burning as prima facie evidence of intent to intimidate. The state must allow the defendant an opportunity to prove an expressive, non-threatening purpose.
Statistical disparities alone may constitute prima facie proof of a pattern or practice of discrimination. Once shown, the burden shifts to the employer to rebut the inference with a legitimate nondiscriminatory explanation.
No. The precise elements of a prima facie case are not rigid and need not be pleaded in full detail to survive a motion to dismiss. A complaint need only allege facts adequate to create an inference of discrimination.
The burden shifts to the defendant to articulate a legitimate nondiscriminatory reason for the challenged action. The plaintiff retains the ultimate burden of persuasion that the reason is pretextual.
…There is no doubt that "[w]here gross statistical disparities can be shown, they alone in a proper case may constitute prima facie proof of a pattern or practice of discrimination" under Title VII. Hazelwood School Dist. v. United States , 433 U. S. 299, 307-308 (1977). But it is equally clear that "[w]hen special…