CACI No. 2506

[Name of defendant] claims that after [he/she/ nonbinary pronoun/it]

[discharged/refused to hire] [name of plaintiff], [he/she/ nonbinary pronoun/

it] discovered that [name of plaintiff] [describe misconduct, e.g., had

provided a false Social Security number]. [Name of defendant] claims that

[he/she/nonbinary pronoun/it] would have [discharged/refused to hire]

[name of plaintiff] anyway if [he/she/ nonbinary pronoun/it] had known that

[name of plaintiff] [describe misconduct]. Y ou must decide whether [name

of defendant] has proved all of the following:

1. That [name of plaintiff] [describe misconduct];

2. That [name of plaintiff]’s misconduct was sufficiently severe that

[name of defendant] would have [discharged/refused to hire] [him/

her/nonbinary pronoun] because of that misconduct alone had

[name of defendant] known of it; and

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

[name of plaintiff] for [his/her/ nonbinary pronoun] misconduct as a

matter of settled company policy.

[If you find that [name of defendant] has proved that [name of plaintiff]

[describe misconduct] and that had [name of defendant] known of the

misconduct earlier, [he/she/ nonbinary pronoun/it] would have [discharged/

refused to hire] [name of plaintiff] as required by the elements above,

then [name of plaintiff] may recover damages only for any time before the

date on which [name of defendant] discovered the misconduct. [[Name of

defendant] must prove the date of discovery if it is contested.]]

New September 2003; Revised June 2016, December 2016, May 2019