Nevada 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.

Nevada Jury Instruction — 1.5.1 Americans With Disabilities Act (ADA) 42 USC Sect. 12101 – 12117 Disparate Treatment Claim The Nevada Jury Instruction 1.5.1 deals specifically with the Americans With Disabilities Act (ADA) and focuses on disparate treatment claims. This instruction provides guidance to jurors on how to assess a claim related to discriminatory actions against individuals with disabilities in various contexts. The Americans With Disabilities Act, a federal law enacted in 1990, prohibits discrimination against people with disabilities in various areas of public life, including employment, public accommodations, transportation, and government services. The ADA aims to ensure equal opportunities for individuals with disabilities and promote their inclusion in society. Disparate treatment claims involve situations where individuals with disabilities are treated differently or less favorably than others who do not have disabilities, resulting in an unfair disadvantage. These claims highlight instances where disability-based discrimination occurs through overt actions, policies, or practices. Here are a few key points that may be covered within the Nevada Jury Instruction 1.5.1: 1. Understanding the Disparate Treatment Claim: This instruction outlines the elements required to establish a disparate treatment claim under the ADA and explains that individuals with disabilities must prove that they were treated differently due to their disability. 2. Identification of Discriminatory Actions: The instruction may provide examples of discriminatory actions, such as denying reasonable accommodations, refusing to hire or promote qualified individuals with disabilities, or subjecting them to unequal terms and conditions of employment or services. 3. Burden of Proof: Jurors will be instructed on the burden of proof, emphasizing that plaintiffs must provide sufficient evidence to show that disability-based discrimination was a motivating factor behind the disparate treatment they experienced. 4. Evaluating Intent and Motivation: The instruction may address the importance of considering the defendant's intent, motivation, or knowledge when determining whether discriminatory actions occurred. It may also emphasize that the plaintiff's disability should be a substantial factor in the disparate treatment suffered. 5. Reasonable Accommodations: The instruction might touch upon the obligation of employers, businesses, or service providers to provide reasonable accommodations to individuals with disabilities, enabling them to perform essential job functions or access goods and services on an equal footing. 6. Damages and Remedies: Jurors may be instructed on the potential remedies available in disparate treatment claims, including compensatory damages, injunctive relief, attorney fees, and other appropriate relief as determined by the court. It is important to note that specific variations or updates of this jury instruction may exist, as laws can evolve over time. The content described above serves as a general outline for understanding Nevada Jury Instruction 1.5.1 concerning disparate treatment claims under the Americans With Disabilities Act (ADA).