California Civil Jury Instructions (CACI) (2017)

VF-2503. Disparate Impact (Gov. Code, § 12940(a)) - Affirmative Defense—Business Necessity/Job Relatedness—Rebuttal to Business Necessity/Job

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VF-2503.Disparate Impact (Gov. Code, § 12940(a))—Affirmative
Defense—Business Necessity/Job Relatedness—Rebuttal to
Business Necessity/Job Relatedness Defense
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] have [an employment practice of
[describe practice]/a selection policy of [describe policy]] that had
a disproportionate adverse effect on [describe protected group—for
example, persons over the age of 40]?
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. Is [name of plaintiff] [protected status]?
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 purpose of the [employment practice/selection policy] to
operate the business safely and efficiently?
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.
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6. Did the [employment practice/selection policy] substantially
accomplish this business purpose?
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 there an alternative [employment practice/selection policy]
that would have accomplished the business purpose equally well?
7. Yes No
7. 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. Would this alternative [employment practice/selection policy]
have had less adverse impact on [describe members of protected
group—for example, persons over the age of 40]?
8. Yes No
8. If your answer to question 8 is yes, then answer question 9. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
9. Was [name of defendant]’s [employment practice/selection policy]
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, December 2016
Directions for Use
This verdict form is based on CACI No. 2502, Disparate Impact—Essential
Factual Elements, CACI No. 2503, Affırmative Defense—Business Necessity/Job
Relatedness, and CACI No. 2504, Disparate Impact—Rebuttal to Business
Necessity/Job Relatedness Defense.
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. 2502.
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.
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
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findings that are required in order to calculate the amount of prejudgment interest.
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