Montana Jury Instruction - 1.5.2 Reasonable Accommodation Claim

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-5-2
• 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 — 1.5.2 Reasonable Accommodation Claim: The Montana Jury Instruction 1.5.2 is applicable in cases where an employee brings forward a claim of reasonable accommodation as per the Montana Human Rights Act. This instruction provides guidance to the jury on how to assess and deliberate claims related to a reasonable accommodation, ensuring fair treatment in the workplace for individuals with disabilities or other covered conditions. Reasonable accommodation refers to an adjustment/modification in the work environment necessary for an employee with a disability or covered condition to perform their job duties effectively. This accommodation may involve changes to the work schedule, job tasks, or physical workplace, as long as it does not cause undue hardship to the employer. Key elements covered within Montana Jury Instruction — 1.5.2 Reasonable Accommodation Claim may include: 1. Duty to Accommodate: This instruction includes guidance on the employer's duty to provide reasonable accommodations to employees with disabilities or covered conditions when such accommodations are necessary to enable them to perform essential job functions. 2. Interactive Process: The instruction emphasizes that both the employee and employer have a duty to engage in an interactive process to determine the appropriate reasonable accommodation. This process involves open communication, collaboration, and exploring potential accommodations that would enable the employee to perform their job tasks effectively. 3. Undue Hardship: The instruction outlines that employers are not required to provide accommodations that would cause significant difficulty or expense, referred to as undue hardship. Factors like the size and financial resources of the employer, the nature of the business operations, and the impact on the organization's operations are taken into consideration when determining undue hardship. Additional types/subsections of Montana Jury Instruction — 1.5.2 Reasonable Accommodation Claim may include: 1. Reasonable Accommodation Request: This subsection may address the specific requirements for employees to formally request reasonable accommodation, including the necessary documentation or procedure to follow. 2. Types of Reasonable Accommodation: The instruction might further categorize reasonable accommodations into different types, such as modifications to policies, job restructuring, adaptive equipment provision, workplace accessibility modifications, or temporary adjustments. 3. Undue Hardship Defense: This subsection may outline the details that the employer must provide to establish undue hardship, such as a substantial impact on business operations or excessive costs that would be incurred in providing the accommodation. Montana Jury Instruction — 1.5.2 Reasonable Accommodation Claim is designed to ensure a fair and unbiased evaluation of claims concerning reasonable accommodation, promoting inclusivity and equal opportunities in the workplace for individuals with disabilities or covered conditions.