California Civil Jury Instructions (CACI) (2017)

VF-2506a. Hostile Work Environment Harassment—Conduct Directed at Plaintiff— Employer or Entity Defendant (Gov. Code, § 12940(j))

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VF-2506A.Hostile Work Environment Harassment—Conduct
Directed at Plaintiff—Employer or Entity Defendant (Gov. Code,
§ 12940(j))
We answer the questions submitted to us as follows:
1. Was [name of plaintiff] [an employee of/a person providing
services under a contract with] [name of defendant]?
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] subjected to unwanted harassing conduct
because [he/she] was [protected status, e.g., a woman]?
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 the harassment severe or pervasive?
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. Would a reasonable [e.g., woman] in [name of plaintiff]’s
circumstances have considered the work environment to be
hostile or abusive?
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. Did [name of plaintiff] consider the work environment to be
hostile or abusive?
5. Yes No
5. 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. Did [name of defendant] [or [his/her/its] supervisors or agents]
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know or should [he/she/it/they] have known of the harassing
conduct?
6. Yes No
6. 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. Did [name of defendant] [or [his/her/its] supervisors or agents] fail
to take immediate and appropriate corrective action?
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. Was the harassing conduct a substantial factor in causing harm
to [name of plaintiff]?
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. 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 $ ]
[medical expenses $ ]
[other future economic loss $ ]
[b. Total Future Economic Damages: $ ]
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ ]
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[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.
Derived from former CACI No. VF-2506 December 2007; Revised December 2010,
June 2013, December 2016
Directions for Use
This verdict form is based on CACI No. 2521A, Hostile Work Environment
Harassment—Conduct Directed at Plaintiff—Essential Factual Elements—Employer
or Entity Defendant.
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 1, as in
element 1 of CACI No. 2521A. Depending on the facts of the case, other factual
scenarios for employer liability can be substituted in questions 6 and 7, as in
element 6 of the instruction.
Modify question 2 if plaintiff was not actually a member of the protected class, but
alleges harassment because he or she 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 9 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.
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