Georgia Jury Instruction - 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 - 12117 Disparate Treatment Claim

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-5-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Georgia Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim The Georgia Jury Instruction — 1.5.1 Americans With Disabilities Act (ADA) 42 USC Sect. 12101 – 12117 Disparate Treatment Claim refers to a specific legal instruction provided to the jury in cases involving allegations of disparate treatment under the ADA. This instruction aims to educate the jury on the relevant laws, regulations, and guidelines of the ADA to ensure a fair and impartial trial. The ADA, enacted by the United States Congress in 1990, prohibits discrimination against individuals with disabilities in various areas of public life, including employment, public services, and private businesses. The statute is divided into different sections, with Sections 12101 – 12117 outlining the general provisions and anti-discrimination measures. Disparate treatment, as addressed in this instruction, refers to the unfair treatment of an individual with a disability as compared to others who do not have disabilities, resulting in adverse employment actions or discriminatory practices. This claim arises when an employer or entity treats an individual with a disability differently, solely based on their disability, without reasonable justification. The Georgia Jury Instruction — 1.5.1 provides a set of guidelines and principles for the jury to consider when evaluating a disparate treatment claim under the ADA. Some key elements covered in this instruction may include: 1. Introduction to ADA: The instruction may start by explaining the purpose and objectives of the ADA, emphasizing its role in promoting equal rights, accessibility, and equal employment opportunities for individuals with disabilities. 2. Definition of Disparate Treatment: The instruction would define disparate treatment, clarifying that it occurs when an employer treats a person with a disability less favorably than another similarly situated person without a disability. 3. Elements of a Disparate Treatment Claim: The instruction would outline the essential elements required for a successful disparate treatment claim. These elements may include proof of disability, adverse employment action, showing differential treatment based on disability, and lack of legitimate non-discriminatory reasons for such treatment. 4. Prima Facie Case: The instruction would explain the concept of a prima facie case, illustrating the minimum evidence required to establish a plausible claim. It may involve showing that the plaintiff is a qualified individual with a disability, that they suffered an adverse employment action, and that this action was based on their disability. 5. Burden of Proof: The instruction would discuss the burden of proof, clarifying that the plaintiff bears the initial burden of presenting evidence to support their claim. If the plaintiff meets this burden, the burden shifts to the defendant to provide a legitimate non-discriminatory reason for the disparate treatment. Different types of Georgia Jury Instructions related to disparate treatment claims under the ADA may be designated by specific section numbers or subsections, depending on the complexity of the case and the level of detail provided in the instructions. It is important for attorneys and jurors to refer to the specific instruction that best fits the circumstances of the case being tried. Overall, the Georgia Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim serves as a comprehensive guideline for jurors when evaluating claims of disparate treatment under the ADA. By adhering to these instructions, the jury can fulfill its role in ensuring fair treatment and upholding the principles of equality and accessibility for individuals with disabilities.