Supreme Court of Missouri
en banc

In re: Revision to MAI-CIVIL Notes on Use
MAI 38.02 MISSOURI HUMAN RIGHTS ACT — LAWFUL JUSTIFICATION
(Notes on Use – Revision)


1. Revision of previously approved MAI-CIVIL Notes on Use as listed above, having been prepared by the Committee on Jury Instructions - Civil and reviewed by the Court, is hereby adopted and approved.

2. The Notes on Use adopted as set forth in the specific exhibit attached hereto must be used on and after July 1, 2017, and may be used prior thereto; any such use shall not be presumed to be error.

3. It is further ordered that this order and the specific exhibit attached hereto shall be published in the South Western Reporter and the Journal of The Missouri Bar.

Day - to - Day

_____________________________
PATRICIA BRECKENRIDGE
Chief Justice
38.02 [2012 Revision] Missouri Human Rights Act—Lawful Justification

Your verdict must be for defendant if you believe:

• First, defendant (here insert alleged discriminatory act submitted in plaintiff's verdict directing instruction such as “failed to hire”, “discharged” or other act within the scope of §213.055, RSMo) plaintiff because (here set forth the alleged lawful reason such action was taken), and
• Second, in so doing (here insert the protected classification submitted by plaintiff, such as race, color, religion, national origin, etc.) was not a contributing factor.

See MAI 38.01. If supported by the law and the evidence, an instruction on “lawful justification” may be submitted at the defendant’s option, or “lawful justification” may be argued without submission of an instruction on that issue. If such an instruction is submitted, it must be in the form of this MAI 38.02.