CACI VF-2501 Disparate Treatment—Affirmative Defense—Bona fide Occupational Qualification (Gov. Code, § 12940(a))

VF-2501 Disparate Treatment—Affirmative Defense—Bona fide Occupational Qualification (Gov. Code, § 12940(a))

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We answer the questions submitted to us as follows:

1.Was [name of defendant] an [employer/[other covered entity]]?

 Yes   No

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]]?

 Yes   No

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 defendant] [discharge/refuse to hire/[other adverse employment action]] [name of plaintiff]?

 Yes   No

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 [name of plaintiff]’s [protected status] a substantial motivating reason for [name of defendant]’s [discharge/refusal to hire/[other adverse employment action]]?

 Yes   No

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.Was the job requirement regarding [protected status] reasonably necessary for the operation of [name of defendant]’s business?

 Yes   No

If your answer to question 5 is yes, then answer question 6. If you answered no, skip questions 6, 7, and 8, and answer question 9.

6.Did [name of defendant] have a reasonable basis for believing that substantially all [members of protected group] are unable to safely and efficiently perform that job?

 Yes   No

If your answer to question 6 is yes, then answer question 7. If you answered no, skip questions 7 and 8, and answer question 9.

7.Was it impossible or highly impractical for [name of defendant] to consider whether each [applicant/employee] was able to safely and efficiently perform the job?

 Yes   No

If your answer to question 7 is yes, then answer question 8. If you answered no, skip question 8 and answer question 9.

8.Was it impossible or highly impractical for [name of defendant] to rearrange job responsibilities to avoid using [protected status] as a job requirement?

 Yes   No

If your answer to question 8 is no, then answer question 9. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.

9.Was [name of defendant]’s [discharge/refusal to hire/[other adverse employment action]] a substantial factor in causing harm to [name of plaintiff]?

 Yes   No

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.What are [name of plaintiff]’s damages?

[a.Past economic loss

[lost earnings $]

[lost profits $]

[medical expenses $]

[other past economic loss $]

Total Past Economic Damages: $]

[b.Future economic loss

[lost earnings $]

[lost profits $]

[medical expenses $]

[other future economic loss$]

Total Future Economic Damages: $]

[c.Past noneconomic loss, including [physical
pain/mental suffering:]  $]

[d.Future noneconomic loss, including [physical
pain/mental suffering:]  $]

TOTAL $

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.

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