Wisconsin Jury Instruction - 1.4.1 Age Discrimination In Employment Act 29 USC Sect.621 - 634 General Instruction

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-4-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Wisconsin Jury Instruction — 1.4.1 Age Discrimination In Employment Act 29 USC Sect.621 – 634 General Instruction provides specific guidance to juries in cases involving age discrimination in employment under the Age Discrimination in Employment Act (AREA). This instruction aims to ensure that jurors have a clear understanding of the legal framework and standards applicable to such cases. The AREA is a federal law designed to protect workers over the age of 40 from unfair treatment and discrimination in the workplace. Under this law, employers are prohibited from discriminating against employees based on their age in various aspects of employment, including hiring, firing, promotions, job assignments, compensation, and training opportunities. The Wisconsin Jury Instruction — 1.4.1 Age Discrimination in Employment Act provides jurors with an overview of the key provisions and elements of a claim brought under the AREA. It covers the definitions of age discrimination, outlines the burden of proof placed on the plaintiff, and explains the legal standards that need to be met to establish a violation of the AREA. This general instruction may include, but is not limited to, the following key elements: 1. Definition of Age Discrimination: The instruction clarifies what constitutes age discrimination, explaining that it occurs when an employer treats an individual less favorably because of their age, either intentionally or as a result of policies that disproportionately impact older workers. 2. Employer's Intent: The instruction emphasizes that to establish an age discrimination claim, the plaintiff must show that age was a motivating factor in the adverse employment action taken by the employer. Proving discriminatory intent may require evidence such as direct statements, comparative treatment, or statistical evidence. 3. "But For" Causation: The jury instruction may explain the causation standard required for a successful AREA claim, stating that the plaintiff must demonstrate that "but for" their age, the employer would not have taken the adverse employment action against them. 4. Defenses and Proof of Legitimate Non-Discriminatory Reasons: This instruction may also outline potential defenses available to employers accused of age discrimination, such as showing that the employment action was based on legitimate non-discriminatory reasons, such as the employee's qualifications, performance, or business necessity. 5. Remedies: Finally, the instruction may provide guidance on the remedies available to successful plaintiffs, including back pay, front pay, reinstatement, promotion, and potential compensatory or punitive damages. It's important to note that while this description provides a general overview, the specific content and language used in Wisconsin Jury Instruction — 1.4.1 Age Discrimination In Employment Act 29 USC Sect.621 – 634 General Instruction may vary based on the circumstances of each case and the court's instructions.