M Civ JI 106.07C Employment Discrimination - Burden of Proof - Physical or Mental Examinations

Plaintiff has the burden of proving:

(a) that (he/she) has undergone physical or mental examinations that are not directly related to the requirements of the specific job; and

(b) that defendant [ discharged / failed or refused to hire / failed to promote / failed to train / other ] the plaintiff; and

(c) that the information or conditions [ disclosed / revealed / diagnosed ] [ by / during / in / as a result of ] the physical or mental examination was one of the motives or reasons which made a difference in determining to [ discharge / fail to hire / fail to promote / fail to train / other ] the plaintiff. The information or condition does not have to be the only reason, or even the main reason, but it does have to be one of the reasons which made a difference in determining whether to [ discharge / hire / promote / train / other ] the plaintiff; and

(d) that ( he/she) suffered damages as a result of the [ discharge / failure or refusal to hire / failure to promote / failure to train / other ].

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Comment

MCL 37.1202

History

Added September 2005. Amended January 2020.