California Civil Jury Instructions (CACI) (2017)

VF-2512. Religious Creed Discrimination - Failure to Accommodate (Gov. Code, § 12940(l))—Affirmative Defense—Undue Hardship

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VF-2512.Religious Creed Discrimination—Failure to
Accommodate—Affirmative Defense—Undue Hardship (Gov.
Code, §§ 12926(u), 12940(l))
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. Does [name of plaintiff] have a sincerely held religious belief that
[describe religious belief, observance, or practice]?
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. Did [name of plaintiff]’s religious [belief/observance] conflict with
a job requirement?
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 defendant] know of the conflict between [name of
plaintiff]’s religious [belief/observance] and the job requirement?
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] reasonably accommodate [name of
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plaintiff]’s religious [belief/observance]?
6. Yes No
6. If your answer to question 6 is no, then answer question 7. If
you answered yes, stop here, answer no further questions, and
have the presiding juror sign and date this form.
7. Did [name of defendant] explore available ways to accommodate
[name of plaintiff]’s religious [belief/observance]?
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. Could [name of defendant] have accommodated [name of
plaintiff]’s religious [belief/observance] without causing undue
hardship to [name of defendant]’s business?
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 plaintiff]’s failure to comply with the conflicting job
requirement a substantial motivating reason for [name of
defendant]’s [discharge of/refusal to hire/[other adverse
employment action]] [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. Was [name of defendant]’s failure to reasonably accommodate
[name of plaintiff]’s religious [belief/observance] a substantial
factor in causing harm to [name of plaintiff]?
10. Yes No
10. If your answer to question 10 is yes, then answer question 11. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
11. What are [name of plaintiff]’s damages?
[a. Past economic loss
[lost earnings $ ]
[lost profits $ ]
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[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, December 2010, December 2012, June
2013, December 2016
Directions for Use
This verdict form is based on CACI No. 2560, Religious Creed
Discrimination—Failure to Accommodate—Essential Factual Elements (see Gov.
Code, §§ 12926(u), 12940(l)) and CACI No. 2561, Religious Creed
Discrimination—Reasonable Accommodation—Affırmative Defense—Undue
Hardship.
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.
If specificity is not required, users do not have to itemize all the damages listed in
question 11 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.
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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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