Ill. Pattern Jury Instr. (Civil) 255.02

DISCRIMINATION CLAIMS- BURDEN OF PROOF INSTRUCTION

Burden of Proof on the Issues – Material Adverse Action Employment Discrimination

Claims

As to [his/her/their] claim of discrimination [in Count ... of the Complaint] the plaintiff

has the burden of proving each of the following propositions by a preponderance of the evidence:

a) The plaintiff is a member of a protected class;

b) The plaintiff was performing [his/her/their] job duties to the defendant’s legitimate

expectations;

c) The defendant took material adverse action toward the plaintiff;

d) The defendant took the material adverse action because of the plaintiff’s [insert

plaintiff’s protected class status; e.g., age, gender, race, sexual orientation,

national origin]; and

e) The plaintiff sustained damages because of the defendant’s material adverse action.

[In considering whether the defendant took material adverse action toward the plaintiff

because of the plaintiff’s [insert plaintiff’s protected class status; e.g., age, gender, race, sexual

orientation, national origin], you must consider the defendant’s stated reason(s) for taking this

action.]

[In considering the defendant’s stated reason(s) for [his/her/its/their] decision, you should

not concern yourselves with whether the defendant’s action(s) (was/were) correct, wise,

reasonable, or fair. Rather, your concern is only whether the plaintiff has proved by a

preponderance of the evidence that the defendant’s stated reason(s) for [briefly describe the

material adverse action taken by the defendant toward the plaintiff alleged to have violated the

Human Rights Act] (was/were) a pretext for discrimination.]

If you find from your consideration of all the evidence that any of these propositions has

not been proved, then your verdict will be for the defendant and you should proceed to

Verdict Form . . . .

On the other hand, if you find from your consideration of all the evidence that the

plaintiff has proved all of the propositions required of [him/her/them] as set forth in this

instruction, then your verdict will be for the plaintiff and you will proceed to Verdict Form . . . .

Instruction, Notes on Use and Comment approved December 2022.