CACI 2603 “Comparable Job” Explained
California Civil Jury Instructions CACI
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 location or a similar geographic location.
New September 2003; Revised May 2021
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(b)(5).
•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].)