California Jury Instruction — 1.5.2 Reasonable Accommodation Claim is a legal instruction that provides guidance to jurors in cases where a plaintiff alleges a violation of the reasonable accommodation requirement under California law. This specific jury instruction is commonly used in disability discrimination cases and helps jurors understand the legal standards and elements involved in evaluating such claims. Keywords: 1. California Jury Instruction: This term refers to a specific set of guidelines and instructions provided to jurors in California courts to help them better understand the legal issues and rules applicable to a particular case. 2. Reasonable Accommodation Claim: This keyword is central to the instruction and represents a legal claim brought by a plaintiff alleging that the defendant failed to provide reasonable accommodations required by law for individuals with disabilities. 3. Types of California Jury Instruction — 1.5.2 Reasonable Accommodation Claim: While there may not be different "types" of this specific instruction, it is worth noting that the content and elements of the instruction can vary depending on the specific facts and legal issues present in each case. In a California Jury Instruction — 1.5.2 Reasonable Accommodation Claim, jurors are instructed to assess whether the plaintiff has met the following elements: 1. Plaintiff's Disability: Jurors are asked to determine if the plaintiff has a disability as defined by California law. The definition may include physical, mental, or medical impairments that substantially limit major life activities. 2. Defendant's Knowledge: The instruction informs jurors that the defendant must have known about the plaintiff's disability or should have known about it. 3. Duty to Provide Reasonable Accommodation: Jurors are instructed to evaluate whether the defendant had a duty to provide reasonable accommodations to the plaintiff due to their disability. Reasonable accommodation refers to any modification or adjustment that allows a disabled individual to perform essential job functions or access goods, services, or facilities. 4. Failure to Provide Reasonable Accommodation: Jurors are asked to determine whether the defendant failed to provide the necessary reasonable accommodation to the plaintiff. This failure may include the denial of accommodation, inadequate accommodation, or an undue delay in providing accommodation. 5. Prejudice: The instruction states that the plaintiff must have suffered harm or prejudice as a result of the defendant's failure to provide reasonable accommodation. By considering these elements, jurors can make an informed decision regarding the plaintiff's reasonable accommodation claim. It is important to note that this instruction is subject to the judge's discretion, and variations may exist in different cases based on the specific circumstances and legal arguments put forth.
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.