California Civil Jury Instructions (CACI) (2017)

2603. "Comparable Job" Explained

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2603.“Comparable Job” Explained
“Comparable job” means a job that is the same or close to the
employee’s former job in responsibilities, duties, pay, benefits, working
conditions, and schedule. It must be at the same or a nearby worksite.
New September 2003
Directions for Use
Give this instruction only if comparable job is an issue under the plaintiff’s CFRA
claim.
Sources and Authority
• Comparable Position. Government Code section 12945.2(c)(4).
• Comparable Position. Cal. Code Regs., tit. 2, § 11087(g).
• “[W]hile we will accord great weight and respect to the [Fair Employment and
Housing Commission]’s regulations that apply to the necessity for leave, along
with any applicable federal FMLA regulations that the Commission incorporated
by reference, we still retain ultimate responsibility for construing [CFRA].”
(Pang v. Beverly Hospital, Inc. (2000) 79 Cal.App.4th 986, 994–995 [94
Cal.Rptr.2d 643].)
Secondary Sources
Chin et al., Cal. Practice Guide: Employment Litigation (The Rutter Group)
¶¶ 12:1138–12:1139, 12:1150, 12:1154–12:1156
1 Wilcox, California Employment Law, Ch. 8, Leaves of Absence, § 8.30[1]–[2]
(Matthew Bender)
11 California Forms of Pleading and Practice, Ch. 115, Civil Rights: Employment
Discrimination, § 115.32[6][h] (Matthew Bender)
2604–2609. Reserved for Future Use
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