10.2 CIVIL RIGHTS—TITLE VII—DISPARATE TREATMENT—"SOLE REASON"—ELEMENTS AND BURDEN OF PROOF

As to the plaintiff's claim that [his] [her] [[race] [color] [religion] [sex] [national origin]] was the sole reason for the defendant's decision to [[discharge] [not hire] [not promote] [demote] [state other adverse action]] [him] [her], the plaintiff has the burden of proving both of the following elements by a preponderance of the evidence:

1.	the plaintiff was [discharged] [not hired] [not promoted] [demoted] [state other adverse action] by the defendant; and

2.	the plaintiff was [discharged] [not hired] [not promoted] [demoted] [state other adverse action] solely because of the plaintiff's [race] [color] [religion] [sex] [national origin].

If you find that the plaintiff has proved both of these elements, your verdict should be for the plaintiff. If, on the other hand, the plaintiff has failed to prove either of these elements, your verdict should be for the defendant.

Comment

See Comment to Instruction 10.1 (Civil Rights—Title VII—Disparate Treatment—When Evidence Supports "Sole Reason" or "Motivating Factor").

When an affirmative defense is asserted, this instruction should be accompanied by the appropriate affirmative defense instruction.