Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

Document 117-7

Filed 05/26/2006

Page 1 of 1

P AN IFSC MP TN IS R C I NN . 8 L ITF ' O E IG N T U TO O 2 (ADEA--WILLFULNESS) If you find that Defendant discriminated against Plaintiff on the basis of Pa t ' lnis if f age, then you should also decide whether Defendant's violation of the ADEA was willful. If you find that Defe d n' v l i o te A E was willful, the court will award n a t ia o f h D A s o tn Plaintiff additional money damages. In order to recover this extra award, Plaintiff must prove by a preponderance of the evidence that Defendant's violation was willful. An action is willful if it is done intentionally and deliberately, and not by accident. I caution you that the plaintiff need not prove that the defendant specifically intended to violate the ADEA. The plaintiff need only establish that the employer knew or showed reckless disregard for whether its conduct was prohibited by the ADEA. Willful discrimination is seldom admitted. You may consider any statements

made by Defendant, any acts or omissions by Defendant, and all of the evidence submitted to determine whether Defendant willfully violated the ADEA.

Authority: Hazen Paper Co. v. Biggins, 507 U.S. 604 (1993); Trans World Airlines, Inc. v. Thurston, 469 U.S. 111 (1985);Acrey v. American Sheep Industry Ass'n, 981 F.2d 1569 (10th Cir. 1992); Cooper v. Asplundh Tree Expert Co., 836 F.2d 1544 (10th Cir. 1988); Smith v. Consolidated Mutual Water Co., 787 F.2d 1441 (10th Cir. 1986); Bruno v. Western Electric Co., 829 F.2d 957 (10th Cir. 1987); Nelson v. J.C. Penney Co., Inc., 858 F. Supp. 914 (N.D. Iowa 1994); Kelly v. Matlack, Inc., 1989 U.S. Dist. Lexis 5865 (E.D. Pa. May 25, 1989).