California Civil Jury Instructions (CACI)

VF-2508. Disability Discrimination - Disparate Treatment

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 a [physical/mental] [condition/disease/disorder/[describe health 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 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] condition]?

______ Yes  ______ No

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further uestions, 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 [describe physical disability, mental disability, or medical condition] a 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 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, including [lost earnings/ lost profits/medical expenses:] $______]
[b. Future economic loss, including [lost earnings/lost profits/lost earning capacity/ medical expenses:] $______]
[c. Past noneconomic loss, including [physical pain/mental suffering:] $______]
[d. Future noneconomic loss, including [physical pain/mental suffering:] $______]
TOTAL $______  
Signed:  
Presiding Juror
Dated:  

[After it has been signed/After all verdict forms have been signed], deliver this verdict form to the [clerk/bailiff/judge].

Directions for Use

The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.

This verdict form is based on CACI No. 2540, Disability Discrimination— Disparate Treatment—Essential Factual Elements.

Relationships other than employer/employee can be substituted in question number 1, as in element 1 in CACI No. 2540. Depending on the facts of the case, other factual scenarios can be substituted in questions 3 and 6, as in elements 3 and 6 in the instruction.

If specificity is not required, users do not have to itemize all the damages listed in question 8 and do not have to categorize "economic" and "noneconomic" damages, especially if it is not a Proposition 51 case. The breakdown of damages is optional; depending on the circumstances, users may wish to break down the damages even further.

If there are multiple causes of action, users may wish to combine the individual forms into one form.

This form may be modified if the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest on specific losses that occurred prior to judgment.

(New September 2003)