Model Jury charge 2.23 DISCRIMINATORY LAYOFF OR REDUCTION

Model Jury charge 2.23 DISCRIMINATORY LAYOFF OR REDUCTION IN FORCE (RIF) NJ

Plaintiff has contended that the layoff or reduction in force at [employers name] was conducted in a discriminatory manner. In order to establish an initial case that a layoff was discriminatory, a plaintiff must show that:

1. He/She is a member of a protected class; and

2. He/She was laid off while other not in the protected class were treated favorably.1

It is plaintiffs burden to prove both of these elements by a preponderance of the evidence.

1Massarsky v. General Motors Corp., 706F. 2d 111 (3d Cir.),cert. den., 464U.S.937 (1983).