M Civ JI 105.04 Employment Discrimination (Disparate Treatment) - Burden of Proof

Plaintiff has the burden of proving:

(a) that defendant [ discharged / failed to hire / failed to promote / failed to train / harassed / [ other ] ] the plaintiff, and

(b) that [ religion / race / color / national origin / age / sex / height / weight / marital status ] was one of the motives or reasons which made a difference in determining to [ discharge / fail to hire / fail to promote / fail to train / harass / [ other ] ] the plaintiff.

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

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

Comment

This instruction was approved in Cobb v General Motors, unpublished opinion per curiam of the Court of Appeals decided March 29, 1989 (Docket Nos. 97545, 99515).

History

M Civ JI 105.04 was added January 1985. Amended January 2020.