Plaintiff'S Amended Verdict Form (Page 3 of 5) in pdf

Plaintiff'S Amended Verdict Form Page 3

Case 3:02-cv-02304-MRK

Document 120

Filed 09/06/2005

Page 3 of 5

(5)

That Defendant DOC has proved by a preponderance of the evidence that Defendant

DOC had exercised reasonable care to prevent and correct promptly any

discriminatory conduct?

If “Yes” ______________, proceed to Question 6.

If “No” ______________, proceed TO QUESTION 8.

(6)

That Defendant DOC has proved by a preponderance of the evidence that plaintiff

unreasonably failed to take advantage of any preventive or corrective opportunities

provided by the employer or otherwise to avoid discriminatory harm by following

defendant’s available and uniformly enforced prescribed procedures?

If “Yes” ______________, proceed no further and return a verdict in favor of Defendant

DOC.

If “No” ______________, proceed TO QUESTION 8.

(7)

That plaintiff has proved by a preponderance of the evidence that Defendant DOC

either knew or reasonably should have known of the harassing conduct of Defendant

Sousa and that Defendant DOC failed to take prompt remedial or corrective action to

prevent its recurrence.

If “Yes” _______________, proceed TO QUESTION 8.

If “No” _______________, proceed no further and return a verdict in favor of Defendant

DOC.

Plaintiff'S Amended Verdict Form Page 3