M Civ JI 105.02 Employment Discrimination (Disparate Treatment) - Definition

The plaintiff must prove that [ he / she ] was discriminated against because of [ religion / race / color / national origin / age / sex / sexual orientation / gender identity or expression / height / weight / marital status ].

The discrimination must have been intentional. It cannot have occurred by accident. Intentional discrimination means that one of the motives or reasons for plaintiff’s [ discharge / failure to be hired / failure to be promoted / failure to be trained / harassment / [ other ] ] was [ religion / race / color / national origin / age / sex / sexual orientation / gender identity or expression / height / weight / marital status ]. [ Religion / race / color / national origin / age / sex / sexual orientation / gender identity or expression / height / weight / marital status ] 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 or not to [ discharge / hire / promote / train / harass / [ other ] ] the plaintiff.

Note on Use

Intent to discriminate need not be proven by direct evidence, United States Postal Service Board of Governors v Aikens, 460 US 711; 103 S Ct 1478; 75 L Ed 2d 403 (1983). Where circumstantial evidence is relied on, M Civ JI 3.10 should be given.

Comment

MCL 37.2202. This instruction was approved in Matras v Amoco Oil Co, 424 Mich 675; 385 NW2d 586 (1986) and Hazle v Ford Motor Co, 464 Mich 456; 628 NW2d 515 (2001). See also Gallaway v Chrysler Corp, 105 Mich App 1; 306 NW2d 368 (1981); Farmington Education Association v Farmington School District, 133 Mich App 566; 351 NW2d 242 (1984); 2023 PA 6; 2023 PA 31; 2023 PA 45.

History

Added January 1985. Amended October 2023.