Hawaii 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.

Hawaii Jury Instruction — 1.5.1 Americans With Disabilities Act (ADA) 42 USC Sect. 12101 – 12117 Disparate Treatment Claim: A Detailed Description The Hawaii Jury Instruction — 1.5.1 addresses the Americans With Disabilities Act (ADA) 42 USC Sect. 12101 – 12117 Disparate Treatment Claim. This instruction provides guidance and clarity to the jury in cases where an individual alleges differential treatment based on their disability under the ADA. Let's dive into the different aspects and important keywords associated with this instruction. Keywords: Hawaii Jury Instruction, 1.5.1, Americans With Disabilities Act, ADA, 42 USC Sect. 12101 – 12117, Disparate Treatment Claim Overview: The Americans With Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities. The Hawaii Jury Instruction — 1.5.1 focuses specifically on the Disparate Treatment Claim, which deals with situations where a person with a disability believes they have been treated less favorably compared to individuals without disabilities in similar circumstances. Elements of Disparate Treatment Claim: 1. Disability: The claimant must have a qualifying disability as defined by the ADA. Disabilities may include physical, mental, or emotional impairments that substantially limit major life activities. 2. Adverse Treatment: The claimant must establish that they were subjected to unfavorable or different treatment based on their disability. 3. Similarly, Situated Individuals: The claimant needs to demonstrate that they were treated differently compared to individuals without disabilities in similar situations. 4. Causation: The claimant should establish a causal link between their disability and the adverse treatment they experienced. 5. Qualified: The claimant must prove that they are qualified for the specific job, accommodation, or benefit in question, except in limited circumstances. Types of Disparate Treatment Claims under ADA: 1. Employment Discrimination: This type of claim pertains to unequal treatment by an employer, such as failure to hire, firing, demoting, or providing lesser job benefits due to an individual's disability. 2. Public Accommodations Discrimination: It refers to discriminatory actions or policies by public places, businesses, or establishments that deny individuals access or discriminate against them based on their disability. 3. Housing Discrimination: These claims involve disparities in housing opportunities, such as housing providers refusing to rent or make reasonable accommodations for individuals with disabilities. 4. Education Discrimination: This type of claim focuses on unequal treatment in educational institutions that fail to provide appropriate accommodations or engage in discriminatory practices against students with disabilities. 5. Transportation Discrimination: It pertains to discriminatory actions by transportation service providers that deprive individuals with disabilities of equal access to public transportation or private services. In conclusion, the Hawaii Jury Instruction — 1.5.1 provides notable guidance for the jury in cases involving Disparate Treatment Claims under the Americans With Disabilities Act (ADA). Understanding the elements and types of claims associated with this instruction is crucial in ensuring a fair and just resolution for individuals who allege discrimination based on their disability.