CACI No. 2500

Code, § 12940(a))

[Name of plaintiff] claims that [name of defendant] wrongfully

discriminated against [him/her/ nonbinary pronoun]. To establish this

claim, [name of plaintiff] must prove all of the following:

1. That [name of defendant] was [an employer/[other covered entity]];

2. That [name of plaintiff] [was an employee of [name of defendant]/

applied to [name of defendant] for a job/[describe other covered

relationship to defendant]];

3. [That [name of defendant] [discharged/refused to hire/[other

adverse employment action]] [name of plaintiff];]

3. [or]

3. [That [name of defendant] subjected [name of plaintiff] to an

adverse employment action;]

3. [or]

3. [That [name of plaintiff] was constructively discharged;]

4. That [name of plaintiff]’s [protected characteristic or combination of

characteristics] was a substantial motivating reason for [name of

defendant]’s [decision to [discharge/refuse to hire/[other adverse

employment action]] [name of plaintiff]/conduct];

5. That [name of plaintiff] was harmed; and

6. That [name of defendant]’s conduct was a substantial factor in

causing [name of plaintiff]’s harm.

New September 2003; Revised April 2009, June 2011, June 2012, June 2013, May

2020, May 2024*, December 2025