US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 11.4
Age Discrimination—Disparate Impact—Elements
The plaintiff [name] seeks damages based on age discrimination in violation of federal law. 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 plaintiff [name] was 40 years of age or older at the time the plaintiff [name] was [discharged] [not hired] [not promoted] [demoted] [state other adverse action];
Second, the defendant [name] used a specific [test] [requirement] [practice] [selection criterion] that had a significantly adverse or disproportionate impact on employees 40 years of age or older; and
Third, the defendant [name]’s [test] [requirement] [practice] [selection criterion] resulted in the plaintiff [name] being [discharged] [not hired] [not promoted] [demoted] [state other adverse action].
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].
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
3887d48830494abacc7aab1f578ed75f54c632bec74d344d70e3467d6d088030
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