2 PJI 1.3 | SPECIAL VERDICT FORM: GENERAL DISCRIMINATION—MIXED MOTIVE CASE
1. Has [plaintiff] proven by a preponderance of the evidence that [protected characteristic] was a motivating factor in [defendant]’s decision to [specify adverse action]?
If “no,” answer no further questions. If “yes,” proceed to next question.
2. Has [defendant] proven by a preponderance of the evidence that it would nevertheless have taken the same action even if it had not considered [protected characteristic]?
If “yes,” answer no further questions. If “no,” proceed to next question.
3. What damages do you award [plaintiff] against [defendant]?
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on Pattern Jury Instruction 2 PJI 1.3
(US District Courts - 1st Circuit)!
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