California Jury Instruction - 1.5.2 Reasonable Accommodation Claim
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The employer will need to show that a wide range of possible accommodations were considered and found unsuitable, either because they did not permit the employee to perform the job or were a significant cost to prove undue hardship.
Employers must initiate an ?interactive process? when an applicant or employee requests reasonable accommodations. The employer must also offer to initiate an interactive process when the employer becomes aware of the possible need for an accommodation.
Under the Act, a plaintiff is required to present evidence that he or she (1) suffers from a disability, (2) is a qualified individual, and (3) was subjected to an adverse employment action because of the disability.
It is illegal discrimination to take any of the following actions because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin: Refuse to rent or sell housing. Refuse to negotiate for housing. Otherwise make housing unavailable.
To establish a prima facie case of disability discrimination against an employer under the ADA requires an employee to show four elements: the employer is subject to the ADA; the employee is disabled as defined by the ADA, has a record of impairment, or is perceived to be so by the employer; the employee is able to ...
Reasonable Accommodation is any modification or adjustment to a job, the work environment that enables a qualified individual with a disability to have equal employment opportunity.
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
Plaintiff has the initial burden of proving that: 1. she has a disability; 2. defendant knew, or should have known, of her disability; 3. the accommodation "may be necessary to afford [her] equal opportunity to use and enjoy" her dwelling; 4.