Capers v. the Bon Marche

— Delores Capers sued The Bon Marche (the Bon) for wrongfully terminating her on the basis of race. The court’s jury instructions properly stated that Mrs. Capers need show by only a preponderance of the evidence that race was a substantial factor in her termination decision. But the special verdict form did not include the “substantial factor” language; it asked the jury to decide whether The Bon Marche terminated Mrs. Capers “because of’ her race. The jury returned a verdict in The Bon’s favor. Mrs. Capers appeals, claiming the instructions were legally erroneous, conflicted, and…