Civil litigation places less burden of proof in the accuser than legal litigation. They don’t have to prove beyond a reasonable amount of doubt, so all they have to do is get the jury/judge to believe the violation is likely.
They don't have to prove beyond a reasonable doubt like in a criminal trial, but the burden of proof is still on the accuser. The accuser has to convince the jury that discrimination occurred, it's not a default assumption that companies are biased and they have to have the data to prove they are not.
