CACI VF-2508 Disability Discrimination—Disparate Treatment
California Civil Jury Instructions CACI
VF-2508 Disability Discrimination—Disparate Treatment
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] [know that [name of plaintiff had/treat [name of plaintiff] as if [he/she/nonbinary pronoun] had] [a history of having] [a] [select term to describe basis of limitations, e.g., physical condition] [that limited [insert major life activity]]?
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] able to perform the position’s essential job duties without an accommodation?
Yes No
If your answer to question 4 is yes, then skip question 5 and answer question 6. If you answered no, then answer question 5.
5.Was [name of plaintiff] able to perform the position’s essential job duties with reasonable accommodation for [his/her/nonbinary pronoun] [e.g., condition]?
Yes No
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] [discharge/refuse to hire/[other adverse employment action]] [name of plaintiff]?
Yes No
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.Was [name of plaintiff]’s [perceived] [history of [a]] [e.g., physical condition] a substantial motivating reason for [name of defendant]’s decision to [discharge/refuse to hire/[other adverse employment action]] [name of plaintiff]?
Yes No
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 [name of defendant]’s [decision/conduct] a substantial factor in causing harm to [name of plaintiff]?
Yes No
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 $]
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.
New September 2003; Revised April 2007, December 2007, December 2009, June 2010, December 2010, June 2013, December 2016, May 2020
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Directions for Use
This verdict form is based on CACI No. 2540, Disability Discrimination—Disparate Treatment—Essential Factual Elements.
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.
Select a term to use throughout to describe the source of the plaintiff’s limitations. It may be a statutory term such as “physical disability,” “mental disability,” or “medical condition.” (See Gov. Code, § 12940(a).) Or it may be a general term such as “condition,” “disease,” or “disorder.” Or it may be a specific health condition such as “diabetes.”
Relationships other than employer/employee can be substituted in question 1, as in element 1 of CACI No. 2540. Depending on the facts of the case, other factual scenarios can be substituted in questions 3 and 7, as in elements 3 and 6 of the instruction.
For question 3, select the claimed basis of discrimination: an actual disability, a history of a disability, a perceived disability, or a perceived history of a disability. For an actual disability, select “know that [name of plaintiff] had.” For a perceived disability, select “treat [name of plaintiff] as if [he/she/nonbinary pronoun] had.”
If medical-condition discrimination as defined by statute (see Gov. Code, § 12926(i)) is alleged, omit “that limited [insert major life activity]” in question 3. (Compare Gov. Code, § 12926(i) with Gov. Code, § 12926(j), (l) [no requirement that medical condition limit major life activity].)
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.