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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Civil) 10.18

Civil Rights—Title VII—Defense—After-Acquired Evidence

activein force · 2026-08-20 – presentas-observed

The defendant [name] contends that the defendant [name] would have made the same decision to [discharge] [not hire] [not promote] [demote] the plaintiff [name] because [describe the after-discovered misconduct]. If the defendant [name] proves by a preponderance of the evidence that the defendant [name] could have made the same decision and [would have discharged] [would not have hired] [would not have promoted] [would have demoted] the plaintiff [name] because of [describe the after-discovered misconduct], you should limit any award of back pay to the date the employer would have made the decision to [[discharge] [not hire] [not promote] [demote]] the plaintiff [name] as a result of [describe the after-discovered misconduct].

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
b02c5df7cbd457f380ae6fba4b506c24503c8a0fe2d54e04cff74ef99516dc44
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9th Cir. Model Jury Instr. (Civil) 10.18 · binding.law