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The Statute however prevents the adoption of an "evidentiary rule which places the burden of persuasion on the defendant to demonstrate that legitimate concerns would have justified an adverse employment action where the plaintiff has convinced the fact finder that a forbidden factor played a substantial role in the employment decision...

Such a rule has been adopted in tort and other analogous types of cases, where leaving the burden of proof on the plaintiff to prove "but-for" causation would be unfair or contrary to the deterrent purposes embodied in the concept of duty of care." These interpretations of the case have in effect set a president for further cases by placing great emphasis on the semantics of the text within the case statute...

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