Delaware 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.

Delaware Jury Instruction — 1.5.2 Reasonable Accommodation Claim Overview In Delaware, when addressing a reasonable accommodation claim under the Delaware Jury Instruction — 1.5.2, it is vital to understand the key components and legal principles. This instruction focuses on providing guidance to jurors regarding the elements required to establish a valid reasonable accommodation claim under Delaware law. Reasonable Accommodation Claim in Delaware: A reasonable accommodation claim arises when an individual with a disability seeks an adjustment or modification in the workplace or in various public settings to enable them to perform their job duties or access goods and services. Under Delaware law, individuals with disabilities are protected by the Delaware Discrimination in Employment Act (DDEA) and the Americans with Disabilities Act (ADA). Elements of a Reasonable Accommodation Claim: 1. Disability: To bring a reasonable accommodation claim, the individual must have a recognized disability as defined by the ADA and the DDEA. Disabilities include physical or mental impairments that substantially limit one or more major life activities. 2. Request for Accommodation: The claimant must have made a specific request for reasonable accommodation to the employer or the responsible party in a public setting. This request may be verbal or in writing, and it must clearly convey the need for an adjustment due to the disability. 3. Reasonable Accommodation: The requested accommodation must be considered reasonable, meaning it does not impose an undue burden on the employer or public entity. Reasonable accommodations can vary based on the individual's unique needs and may include modifications to work schedules, job duties, or physical changes to the workspace. 4. Failure to Accommodate: The claimant must demonstrate that the employer or public entity failed to provide reasonable accommodation despite the request, or provided accommodation that did not adequately address the individual's needs. The failure to accommodate can occur through direct denial, delay, or offering accommodation that does not effectively enable the individual to perform essential job functions. Types of Reasonable Accommodation Claims in Delaware: While Delaware Jury Instruction — 1.5.2 encompasses various types of accommodation claims, they can be further categorized based on the context in which they arise. Some common types of reasonable accommodation claims in Delaware are: 1. Employment Accommodations: These claims involve individuals seeking workplace adjustments to overcome limitations caused by their disabilities. Examples may include modified work schedules, assistive technology, or changes to job duties. 2. Public Accommodations: Individuals may bring claims against entities in the public domain, such as restaurants, hotels, or retail stores, for failing to provide necessary accommodations, such as wheelchair accessibility, auxiliary aids, or accessible entrances. 3. Housing Accommodations: These claims often revolve around landlords or property owners failing to make reasonable accommodations to ensure individuals with disabilities have equal access to housing facilities. Examples include installing ramps, wider doorways, or accessible parking spaces. Understanding the Delaware Jury Instruction — 1.5.2 Reasonable Accommodation Claim is crucial for jurors as they deliberate on such cases. By comprehending the essential elements and types of claims, jurors can make informed decisions based on Delaware law and the unique circumstances presented.