Model Jury charge 2.23 DISCRIMINATORY LAYOFF OR REDUCTION IN FORCE (RIF) NJ
Plaintiff has contended that the layoff or reduction in force at [employer's 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 plaintiff's burden to prove both of these elements by a preponderance of the evidence.
1Massarsky v. General Motors Corp., 706 F. 2d 111 (3d Cir.), cert. den., 464 U.S. 937 (1983).