US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 10.1
Civil Rights—Title VII—Disparate Treatment—Without
Affirmative Defense of “Same Decision”
For the plaintiff [name]’s claim that [he] [she] [other pronoun] was [discharged] [not hired] [not promoted] [demoted] [state other adverse action] by the defendant [name] because of the plaintiff [name]’s [race] [color] [religion] [sex] [national origin], the plaintiff [name] has the burden of proving the following elements by a preponderance of the evidence:
First, the plaintiff [name] was [discharged] [not hired] [not promoted] [demoted] [state other adverse action] by the defendant [name]; [and]
Second, the defendant [name] [discharged] [failed to hire] [failed to promote] [demoted] [state other adverse action] the plaintiff [name] because of the plaintiff [name]’s [race] [color] [religion] [sex] [national origin] [.] [;]
[Third, the plaintiff [name] was qualified for [his] [her] [other pronoun] position [.] [;] [and]
[Fourth, similarly situated individuals outside the plaintiff [name]’s [race] [color] [religion] [sex] [national origin] were treated more favorably.]
If the plaintiff [name] has proven each of these elements by a preponderance of the evidence, the plaintiff [name] is entitled to your verdict.
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
5f92c59cef6846f915e2fdd1bc46c4bae6a83744954ab31db950cdf353c8d25f
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