3d Cir. Model Jury Instr. (Civil) 8.3.1

Model 2

If you find that [plaintiff] has established by a preponderance of the evidence that 3

[defendant] [describe employment action] because of [his/her] age, then you must consider 4

[defendant’s] defense that its age limitation is a bona fide occupational qualification. 5

In order to avoid liability for intentional discrimination on the basis of this contention, 6

[defendant] must prove both of the following elements by a preponderance of the evidence: 7

First: That the occupational qualification relied upon by [defendant] is reasonably 8

necessary for the normal operation of [defendant’s] business. 9

Second: That [defendant] either had reasonable cause to believe that all or substantially all 10

persons over the age qualification would be unable to perform the job safely and efficiently, 11

or that it was impossible or highly impractical to consider the necessary qualifications of 12

each older employee. [Defendant ’s] belief should be evaluated in light of all the 13

circumstances in the case, to determine whether it has a reasonable basis in fact. 14

If you find that [defendant] has proved these two elements by a preponderance of the 15

evidence, then you must find for [defendant]. 16

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