VF 2508. Disability Discrimination Disparate Treatment | Pdf Doc Docx | Jury Instructions

 California Jury Instructions   25 Fair Employment And Housing Act 
VF 2508. Disability Discrimination Disparate Treatment | Pdf Doc Docx | Jury Instructions

Last updated: 10/6/2020

VF 2508. Disability Discrimination Disparate Treatment

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Description

VF-2508. Disability Discrimination--Disparate Treatment Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Was [name of defendant] [an employer/[other covered entity]]? ____ Yes ____ No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Was [name of plaintiff] [an employee of [name of defendant]/an applicant to [name of defendant] for a job/[other covered relationship to defendant]]? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Did [name of defendant] [know that [name of plaintiff] had/treat [name of plaintiff] as if [he/she] had] [a history of having] [a] [select term to describe basis of limitations, e.g., physical condition] [that limited [insert major life activity]]? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the VF-2508. Disability Discrimination--Disparate Treatment Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 presiding juror sign and date this form. 4. Was [name of plaintiff] able to perform the essential job duties [with reasonable accommodation] for [his/her] [e.g., physical condition]? ____ Yes ____ No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Did [name of defendant] [discharge/refuse to hire/[other adverse employment action]] [name of plaintiff]? ____ Yes ____ No If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Was [name of plaintiff]'s [perceived] [history of [a]] [e.g., physical condition] a substantial motivating reason for [name of defendant]'s decision to [discharge/refuse to hire/[other adverse employment action]] [name of plaintiff]? ____ Yes ____ No If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the VF-2508. Disability Discrimination--Disparate Treatment Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 presiding juror sign and date this form. 7. Was [name of defendant]'s [decision/conduct] a substantial factor in causing harm to [name of plaintiff]? ____ Yes ____ No If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 8. What are [name of plaintiff]'s damages? [a. Past economic loss [lost earnings [lost profits [medical expenses [other past economic loss Total Past Economic Damages: [b. Future economic loss [lost earnings $ ] $ $ $ $ $ ] ] ] ] ] VF-2508. Disability Discrimination--Disparate Treatment Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [lost profits [medical expenses [other future economic loss $ $ $ ] ] ] ] ] ] Total Future Economic Damages: $ [c. Past noneconomic loss, including [physical pain/mental suffering:] $ $ $ [d. Future noneconomic loss, including [physical pain/mental suffering:] TOTAL Signed: Dated: Presiding Juror After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. _____________________________________________________________________________ New September 2003; Revised April 2007, December 2007, December 2009, June 2010, December 2010, June 2013, December 2016

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