CA · jury_instructions
CACI No. 4602
Affirmative Defense—Same Decision (Gov. Code,
§ 8547.8(e))
If [name of plaintiff] proves that [his/her/ nonbinary pronoun] [making a
protected disclosure/refusing an illegal order] was a contributing factor
to [his/her/ nonbinary pronoun] [discharge/ specify other adverse action],
[name of defendant] is not liable if [he/she/ nonbinary pronoun/it] proves by
clear and convincing evidence that [he/she/ nonbinary pronoun/it] would
have discharged [name of plaintiff] anyway at that time, for legitimate,
independent reasons.
New December 2014; Renumbered from CACI No. 2443 and Revised June 2015;
Revised July 2025*
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2026
- Content hash
307aacceeda26e57d122dace7823161836db4dc3a83d2b81ccb03ce52be5799f
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