Proof is a fundamental problem facing those who experience discrimination in the workplace. Statutory discrimination law in Australia typically relies on an individual claimant proving their case, without a shifting burden of proof. Using age discrimination as a lens to facilitate analysis, and drawing on innovative findings from a multi-year, mixed methods empirical study of the enforcement of age discrimination law in Australia and the UK, this article offers the first empirically-informed assessment of what difference a shifting burden of proof would make to Australian discrimination law. It argues that while a shifting burden of proof may be important in finely balanced cases, and should be adopted for that reason, it is insufficient to overcome the limits of individual enforcement, and the dramatic information disparities between workers and employers. It offers important additional strategies or tools that might also help address the problem of proof, to better advance equality.

We study the impact of changing the existing terminology to describe the rules governing Social Security retirement benefits. We provided respondents from a nationally representative online panel with information pertinent to the decision of when to claim Social Security retirement benefits. The content of the information treatments was identical for all respondents, but some were randomly given an alternative set of terms to refer to the key claiming ages (the experimental treatment group), while others were given the current terms (the control group). Despite the minimal nature of the change, there were significant differences in outcomes. Those in the treatment group spent less time reading the information, but their understanding of the Social Security program improved more than the control group. In addition, the treatment delayed retirement claiming intentions by an average of about two and a half months and increased the recommended claiming age to vignette characters by a similar magnitude. The effects were particularly strong for those with low levels of financial literacy. The relative gains in knowledge persisted several months after the treatment.