CACI No. VF-2501. Disparate Treatment - Affirmative Defense - Bona fide Occupational Qualification (Gov. Code, § 12940(a))
Judicial Council of California Civil Jury Instructions (2023 edition)
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VF-2501.Disparate Treatment - Affirmative Defense - Bona fide
Occupational Qualification (Gov. Code, § 12940(a))
We answer the questions submitted to us as follows:
1. Was [name of defendant] an [employer/[other covered entity]]?
1. Yes No
1. 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]]?
2. Yes No
2. 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] [discharge/refuse to hire/[other adverse
employment action]] [name of plaintiff]?
3. Yes No
3. 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]’s [protected status] a substantial motivating
reason for [name of defendant]’s [discharge/refusal to hire/[other
adverse employment action]]?
4. Yes No
4. 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. Was the job requirement regarding [protected status] reasonably
necessary for the operation of [name of defendant]’s business?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If you
answered no, skip questions 6, 7, and 8, and answer question 9.
6. Did [name of defendant] have a reasonable basis for believing that
substantially all [members of protected group] are unable to safely
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and efficiently perform that job?
6. Yes No
6. If your answer to question 6 is yes, then answer question 7. If you
answered no, skip questions 7 and 8, and answer question 9.
7. Was it impossible or highly impractical for [name of defendant] to
consider whether each [applicant/employee] was able to safely
and efficiently perform the job?
7. Yes No
7. If your answer to question 7 is yes, then answer question 8. If you
answered no, skip question 8 and answer question 9.
8. Was it impossible or highly impractical for [name of defendant] to
rearrange job responsibilities to avoid using [protected status] as a
job requirement?
8. Yes No
8. If your answer to question 8 is no, then answer question 9. If you
answered yes, stop here, answer no further questions, and have
the presiding juror sign and date this form.
9. Was [name of defendant]’s [discharge/refusal to hire/[other adverse
employment action]] a substantial factor in causing harm to [name
of plaintiff]?
9. Yes No
9. If your answer to question 9 is yes, then answer question 10. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
10. What are [name of plaintiff]’s damages?
[a. Past economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other past economic loss $ ]
[a. Total Past Economic Damages: $ ]
[b. Future economic loss
[lost earnings $ ]
[lost profits $ ]
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[medical expenses $ ]
[other future economic loss $ ]
[b. Total Future Economic Damages: $ ]
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. Future noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. TOTAL $
Signed: Presiding Juror
Dated:
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 2010, June 2013, December
2016, May 2020
Directions for Use
This verdict form is based on CACI No. 2500, Disparate Treatment - Essential
Factual Elements, and CACI No. 2501, Affırmative Defense - Bona fide
Occupational Qualification.
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.
Relationships other than employer/employee can be substituted in question 2, as in
element 2 in CACI No. 2500.
Modify question 4 if the plaintiff was not actually a member of the protected class,
but alleges discrimination because the plaintiff was perceived to be a member, or
associated with someone who was or was perceived to be a member, of the
protected class. (See Gov. Code, § 12926(o).)
If specificity is not required, users do not have to itemize all the damages listed in
question 10 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.
If there are multiple causes of action, users may wish to combine the individual
forms into one form. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
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If the jury is being given the discretion under Civil Code section 3288 to award
prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801,
814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest.
This verdict form may need to be augmented for the jury to make any factual
findings that are required in order to calculate the amount of prejudgment interest.
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