Montana 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.

Montana Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101-12117 Disparate Treatment Claim is an essential legal instruction given to juries in Montana for cases involving claims of disparate treatment based on disabilities under the Americans with Disabilities Act (ADA). This instruction outlines the requirements and legal standards that need to be met for a successful claim under this act. Keywords: Montana Jury Instruction, Americans With Disabilities Act, 42 USC Sect. 12101-12117, Disparate Treatment Claim There are no specific sub-types or variations of the Montana Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101-12117 Disparate Treatment Claim. However, it is important to understand the key elements and principles covered by this instruction. Here is a detailed description of the Montana Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101-12117 Disparate Treatment Claim: 1. Overview: This instruction provides jurors with a comprehensive understanding of the legal framework surrounding the Americans With Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities in various areas, including employment, public services, and public accommodations. 2. Disparate Treatment Claim: The instruction focuses specifically on the concept of "disparate treatment." It explains that a disparate treatment claim arises when an employer treats an employee or job applicant unfairly or differently because of their disability. This unfair treatment can include adverse actions such as termination, refusal to hire, demotion, or denial of reasonable accommodations. 3. Legal Standard: The instruction explains that for a plaintiff to succeed in a disparate treatment claim under the ADA, they must prove that: a. They are an individual with a disability as defined by the ADA. b. They were qualified to perform the essential functions of the job, with or without reasonable accommodations. c. Furthermore, they were subjected to adverse treatment or denied equal employment opportunities because of their disability. d. The adverse treatment or denial of equal opportunities was intentional and not based on legitimate business reasons or other justifications. 4. Definition of Disability: The instruction provides a definition of "disability" under the ADA, highlighting that it includes a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such impairment. 5. Burden of Proof: The instruction clarifies that the plaintiff has the initial burden of proving by a preponderance of the evidence that disparate treatment occurred. Once the plaintiff establishes a prima facie case, the burden then shifts to the defendant to provide a legitimate, non-discriminatory reason for their actions. 6. Remedies: The instruction may also include information on the potential remedies available to the plaintiff if they succeed in proving a disparate treatment claim, such as back pay, reinstatement, compensatory damages, and injunctive relief. It is important to consult the specific Montana Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101-12117 Disparate Treatment Claim relevant to the case at hand, as formats and details may vary, but the general principles outlined above should be addressed.