CACI No. 4323

[Name of defendant] claims that [name of plaintiff] is not entitled to evict

[him/her/nonbinary pronoun] because [name of plaintiff] is discriminating

against [him/her/ nonbinary pronoun] because of [insert protected

characteristic or combination of characteristics or other characteristic

protected from arbitrary discrimination]. To succeed on this defense, [name

of defendant] must prove both of the following:

1. That [name of defendant] is [perceived as/associated with someone

who is [perceived as]] [insert protected characteristic or

combination of characteristics or other characteristic protected from

arbitrary discrimination]; and

2. That [name of plaintiff] filed this lawsuit because of [insert one of

the following]

2. [[his/her/nonbinary pronoun /its] [perception of] [name of

defendant]’s [insert protected characteristic or combination of

characteristics or other characteristic protected from arbitrary

discrimination].]

2. [[name of defendant]’s association with someone who is [perceived

as] [insert protected characteristic or combination of characteristics

or other characteristic protected from arbitrary discrimination].]

New August 2007; Revised May 2020, December 2025