2 PJI 9.3 | SPECIAL VERDICT FORM: ADEA DAMAGES—PRETEXT CASE
1. Has [plaintiff] proven by a preponderance of the evidence that were it not for age discrimination, [she/he] would not have been [specify adverse action]?
If “no,” answer no further questions. If “yes,” proceed to next question.
2. What damages do you award [plaintiff] to compensate [him/her] for lost pay and/or benefits that [she/he] would have received from [defendant] if the age discrimination had not occurred?
Proceed to next question.
3. Has [plaintiff] proven [defendant] willfully violated federal law by discriminating against [him/her] on the basis of [her/his] age?
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on Pattern Jury Instruction 2 PJI 9.3
(US District Courts - 1st Circuit)!
Please get the justice you deserve.