CACI No. 2505

§ 12940(h))

[Name of plaintiff] claims that [name of defendant] retaliated against [him/

her/nonbinary pronoun] for [describe activity protected by the FEHA]. To

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

1. That [name of plaintiff] [describe protected activity];

2. [That [name of defendant] [discharged/demoted/[specify other

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

2. [or]

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

adverse employment action;]

2. [or]

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

3. That [name of plaintiff]’s [describe protected activity] was a

substantial motivating reason for [name of defendant]’s [decision

to [discharge/demote/[specify other adverse employment action]]

3. [name of plaintiff]/conduct];

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

5. That [name of defendant]’s decision to [discharge/demote/[specify

other adverse employment action]] [name of plaintiff] was a

substantial factor in causing [him/her/ nonbinary pronoun] harm.

[[Name of plaintiff] does not have to prove [discrimination/harassment] in

order to be protected from retaliation. If [he/she/ nonbinary pronoun]

[reasonably believed that [name of defendant]’s conduct was unlawful/

requested a [disability/religious] accommodation], [he/she/ nonbinary

pronoun] may prevail on a retaliation claim even if [he/she/ nonbinary

pronoun] does not present, or prevail on, a separate claim for

[discrimination/harassment/[other]].]

New September 2003; Revised August 2007, April 2008, October 2008, April 2009,

June 2010, June 2012, December 2012, June 2013, June 2014, June 2016,

December 2016