Do you find from a preponderance of the evidence:
1. That [Plaintiff] engaged in protected activity?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
2. That [Defendant] took an adverse employment action against [Plaintiff]?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
3. That [Plaintiff]’s protected activity was a motivating factor that prompted [Defendant] to take that action?
Answer Yes or No _____________
If your answer is “No,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “Yes,” go to the next question.
[4. That [Defendant] would have [describe adverse employment action] [Plaintiff] even if [Defendant] even if [Defendant] had not taken [Plaintiff]’s protected activity into account?
Answer Yes or No _____________
If your answer is “Yes,” this ends your deliberations, and your foreperson should sign and date the last page of this verdict form.
If your answer is “No,” go to the next question.]
5. That [Plaintiff] suffered damages because of the adverse employment action?
Answer Yes or No _____________
[Insert damagesinterrogatories based on substantive charge damagesinterrogatories for claims under § 1981; please see Pattern Instruction 4.9, supra.]
SO SAY WE ALL.