2441. Discrimination Against Member of Military--Essential Factual Elements (Mil. & Vet. Code, § 394) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] wrongfully discriminated against [him/her] because of [his/her] [current/past] service in the [United States/California] military. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. That [name of plaintiff] was an employee of [name of defendant]; That [name of plaintiff] [was serving/had served] in the [specify military branch, e.g., California National Guard]; That [name of defendant] discharged [name of plaintiff]; That [name of plaintiff]'s [[current/past] service in the armed forces/need to report for required military [duty/training]] was a substantial motivating reason for [name of defendant]'s decision to discharge [name of plaintiff]; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 5. 6. ______________________________________________________________________________ New December 2012; Revised June 2013, June 2014