9th Cir. Model Jury Instr. (Civil) 11.1

The plaintiff [name] has brought a claim of employment discrimination against the defendant [name]. The plaintiff [name] asserts the defendant [name] [discharged] [specify other adverse action] the plaintiff [name] because of [his] [her] [other pronoun] age. The defendant [name] denies that the plaintiff [name] was [discharged] [specify other adverse action] because of [his] [her] [other pronoun] age [and further asserts the decision to [discharge] [specify other adverse action] the plaintiff [name] was based on [a] lawful reason[s]].

To prevail on this claim, the plaintiff [name] has the burden of proving each of the following elements by a preponderance of the evidence:

First, the defendant [name] [discharged] [specify other adverse action] the plaintiff [name];

Second, the plaintiff [name] was 40 years of age or older at the time [he] [she] [other pronoun] was [discharged] [specify other adverse action]; and

Third, the defendant [name] [discharged] [specify other adverse action] the plaintiff [name] because of [his] [her] [other pronoun] age, that is, the defendant [name] would not have [discharged] [specify other adverse action] the plaintiff [name] but for [his] [her] [other pronoun] age.

If you find that the plaintiff [name] has proved all three of these elements, your verdict should be for the plaintiff [name]. If, on the other hand, the plaintiff [name] has failed to prove any of these elements, your verdict should be for the defendant [name].