New York 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.

New York Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim: This jury instruction pertains to cases involving claims of disparate treatment under the Americans with Disabilities Act (ADA) in the state of New York. The ADA prohibits discrimination against individuals with disabilities in various aspects of public life, including employment, public accommodations, and government services. The jury instruction will guide the jurors in understanding the relevant legal principles, burdens of proof, and considerations required to establish a disparate treatment claim under the ADA. It outlines the key elements that the plaintiff must prove in order to succeed in their claim, including: 1. Disability: The plaintiff must demonstrate that they have a physical or mental impairment that substantially limits one or more major life activities, or that they are regarded as having such an impairment. — Keywords: disability, physical impairment, mental impairment, major life activities, substantial limitation, regarded as disabled. 2. Adverse Employment Action: The plaintiff must show that they were subjected to an adverse employment action, such as termination, demotion, denial of promotion, or unfavorable treatment. — Keywords: adverse employment action, termination, demotion, denial of promotion, unfavorable treatment. 3. Discriminatory Intent: The plaintiff needs to establish that the adverse employment action was motivated by discriminatory intent, meaning that their disability was a substantial factor in the employer's decision. — Keywords: discriminatory intent, motivation, substantial factor. 4. Similarly, Situated Employees: The plaintiff must provide evidence that they were treated less favorably compared to similarly situated employees who do not have disabilities. — Keywords: similarly situated employees, less favorably treated. 5. Pretext: The defendant may assert legitimate non-discriminatory reasons for the adverse employment action. In response, the plaintiff must demonstrate that these reasons are mere pretexts and that discrimination was the true motive. — Keywords: legitimate, non-discriminatory reasons, pretext, true motive. Different subtypes or variations of this jury instruction may exist depending on the specific circumstances of the case, such as ADA claims related to public accommodations or government services. However, the core elements mentioned above generally remain the same in most disparate treatment claims under the ADA in the state of New York. Note: This description provides an overview of the content related to the New York Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim, but the actual instruction should be obtained from authorized legal sources for accurate and up-to-date information.