California Civil Jury Instructions (CACI) (2017)

VF-2504. Retaliation (Gov. Code, § 12940(h))

Download PDF
VF-2504.Retaliation (Gov. Code, § 12940(h))
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] [describe protected activity]?
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. [Did [name of defendant] [discharge/demote/[specify other adverse
employment action]] [name of plaintiff]?]
2. [or]
2. [Did [name of defendant] engage in conduct that, taken as a
whole, materially and adversely affected the terms and conditions
of [name of plaintiff]’s employment?]
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. Was [name of plaintiff]’s [describe protected activity] a substantial
motivating reason for [name of defendant]’s [decision to
[discharge/demote/[specify other adverse employment action]]
[name of plaintiff]/conduct]?
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 defendant]’s conduct a substantial factor in causing
harm to [name of plaintiff]?
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. What are [name of plaintiff]’s damages?
[a. Past economic loss
[lost earnings $ ]
1549
0151
[lost profits $ ]
[medical expenses $ ]
[other past economic loss $ ]
[a. Total Past Economic Damages: $ ]
[b. Future economic loss
[lost earnings $ ]
[lost profits $ ]
[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, August 2007, December 2010, June
2013, December 2016
Directions for Use
This verdict form is based on CACI No. 2505, Retaliation—Essential Factual
Elements.
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.
Read the second option for question 2 in cases involving a pattern of employer
harassment consisting of acts that might not individually be sufficient to constitute
retaliation, but taken as a whole establish prohibited conduct. Give both options if
the employee presents evidence supporting liability under both a sufficient-single-
act theory or a pattern-of-harassment theory. Also select “conduct” in question 3 if
the second option or both options are included for question 2.
VF-2504 FAIR EMPLOYMENT AND HOUSING ACT
1550
0152
If specificity is not required, users do not have to itemize all the damages listed in
question 5 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
findings that are required in order to calculate the amount of prejudgment interest.
FAIR EMPLOYMENT AND HOUSING ACT VF-2504
1551
0153