CACI No. 2540

Factual Elements

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

discriminated against [him/her/ nonbinary pronoun] based on

[his/her/nonbinary pronoun] [history of [a]] [select term to describe basis of

limitations, e.g., physical condition]. 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] knew that [name of plaintiff] had [a

history of having] [a] [e.g., physical condition] [that limited [insert

major life activity]];

4. That [name of plaintiff] was able to perform the essential job

duties of [his/her/ nonbinary pronoun] [current position/the position

for which [he/she/ nonbinary pronoun] applied], either with or

without reasonable accommodation for [his/her/ nonbinary

pronoun] [e.g., condition];

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

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

5. [or]

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

adverse employment action;]

5. [or]

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

6. That [name of plaintiff]’s [history of [a]] [e.g., physical condition]

was a substantial motivating reason for [name of defendant]’s

[decision to [discharge/refuse to hire/[other adverse employment

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

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

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

causing [name of plaintiff]’s harm.

[Name of plaintiff] does not need to prove that [name of defendant] held

any ill will or animosity toward [him/her/ nonbinary pronoun] personally

because [he/she/ nonbinary pronoun] was [perceived to be] disabled. [On

the other hand, if you find that [name of defendant] did hold ill will or

animosity toward [name of plaintiff] because [he/she/ nonbinary pronoun]

was [perceived to be] disabled, you may consider this fact, along with all

the other evidence, in determining whether [name of plaintiff]’s [history

of [a]] [e.g., physical condition] was a substantial motivating reason for

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

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

New September 2003; Revised June 2006, December 2007, April 2009, December

2009, June 2010, June 2012, June 2013, December 2014, December 2016, May

2019, May 2020, May 2024*, December 2025*