12.10 ADA-Defenses-Business Necessity

• Category: Federal - Jury Instructions - 9th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-9THCIR-12-10
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 12.10 ADA-Defenses-Business Necessity refers to situations in which an employer or service provider can demonstrate that a challenged action was based on a legitimate business necessity. This defense is available in certain situations in which there is a conflict between the requirements of the Americans with Disabilities Act (ADA) and the needs of the employer or service provider. There are three types of 12.10 ADA-Defenses-Business Necessity: (1) Job-Related and Consistent with Business Necessity; (2) Reasonable Accommodation; and (3) Direct Threat. Job-Related and Consistent with Business Necessity applies when an employer or service provider can demonstrate that a challenged employment action (such as a hiring or promotion decision) was based on a legitimate and job-related reason and was consistent with business necessity. Reasonable Accommodation applies when an employer or service provider can demonstrate that a challenged action (such as a workplace policy or rule) is necessary to provide reasonable accommodation to an employee or customer with a disability. Direct Threat applies when an employer or service provider can demonstrate that a challenged action (such as a job assignment or job requirement) is necessary to protect the health and safety of the individual or others in the workplace.

12.10 ADA-Defenses-Business Necessity refers to situations in which an employer or service provider can demonstrate that a challenged action was based on a legitimate business necessity. This defense is available in certain situations in which there is a conflict between the requirements of the Americans with Disabilities Act (ADA) and the needs of the employer or service provider. There are three types of 12.10 ADA-Defenses-Business Necessity: (1) Job-Related and Consistent with Business Necessity; (2) Reasonable Accommodation; and (3) Direct Threat. Job-Related and Consistent with Business Necessity applies when an employer or service provider can demonstrate that a challenged employment action (such as a hiring or promotion decision) was based on a legitimate and job-related reason and was consistent with business necessity. Reasonable Accommodation applies when an employer or service provider can demonstrate that a challenged action (such as a workplace policy or rule) is necessary to provide reasonable accommodation to an employee or customer with a disability. Direct Threat applies when an employer or service provider can demonstrate that a challenged action (such as a job assignment or job requirement) is necessary to protect the health and safety of the individual or others in the workplace.