CACI No. VF-2507B. Work Environment Harassment - Conduct Directed at Others - Individual Defendant (Gov. Code, §§ 12923, 12940(j))
Judicial Council of California Civil Jury Instructions (2023 edition)
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VF-2507B.Work Environment Harassment - Conduct Directed at
Others - Individual Defendant (Gov. Code, §§ 12923, 12940(j))
We answer the questions submitted to us as follows:
1. Was [name of plaintiff] [an employee of/an applicant for a position
with/a person providing services under a contract with/an unpaid
intern with/a volunteer with] [name of 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 individual defendant] an employee of [name of
covered entity]?
[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 plaintiff] personally witness harassing conduct that
took place in [his/her/nonbinary pronoun] immediate work
environment?
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 the harassment severe or pervasive?
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. Would a reasonable [describe member of protected group, e.g.,
woman] in [name of plaintiff]’s circumstances have considered the
work environment to be hostile, intimidating, offensive,
oppressive, 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.
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6. Did [name of plaintiff] consider the work environment to be
hostile, intimidating, offensive, oppressive, or abusive toward [e.g.,
women]?
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 individual defendant] [participate in/assist/ [or]
encourage] the harassing conduct?
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:] $ ]
FAIR EMPLOYMENT AND HOUSING ACT VF-2507B
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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-2507 December 2007; Revised December 2010,
June 2013, December 2016, May 2020, May 2021, November 2021, May 2022
Directions for Use
This verdict form is based on CACI No. 2522B, Work Environment
Harassment - Conduct Directed at Others - Essential Factual Elements - Individual
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.
Include optional question 2 only if optional element 2 is included in CACI No.
2522B.
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.
VF-2507B FAIR EMPLOYMENT AND HOUSING ACT
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