Massachusetts Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim The Massachusetts Jury Instruction — 1.5.1 addresses the Americans With Disabilities Act (ADA) 42 USC Sect. 12101 – 12117 Disparate Treatment Claim. This instruction provides detailed guidance for juries when considering cases pertaining to alleged discrimination against individuals with disabilities. The Americans With Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in various areas of public life, including employment, public services, and access to public accommodations. Disparate treatment refers to situations where an individual is treated differently based on their disability, resulting in unequal treatment or adverse employment actions. This instruction educates the jury about the provisions of the ADA and how it pertains to cases involving disparate treatment claims. It outlines the legal standards that should be considered when determining if discrimination has occurred, and the burden of proof required for the plaintiff to substantiate their claim. The instruction may include the following key components: 1. Definition of Disability: Explains the ADA's definition of "disability" and differentiates between physical and mental impairments that substantially limit one or more major life activities. 2. Elements of a Disparate Treatment Claim: Outlines the elements that the plaintiff must prove to establish a disparate treatment claim, such as providing evidence of being qualified for the position, suffering an adverse employment action, and demonstrating that the disability was a motivating factor for the adverse action. 3. Direct and Indirect Evidence: Explains the concepts of direct and indirect evidence, highlighting that direct evidence provides clear proof of discriminatory intent, while indirect evidence requires the plaintiff to establish a prima facie case of discrimination. 4. Burden of Proof: Describes the burden of proof required for both the plaintiff and the defendant, emphasizing that the plaintiff has the initial burden of demonstrating a prima facie case of discrimination, which then shifts to the defendant to provide a legitimate non-discriminatory reason for their actions. 5. Affirmative Defenses: Details potential affirmative defenses that the defendant may assert, such as the "business necessity" defense or the "undue hardship" defense, which could potentially justify the disparate treatment. 6. Jury Consideration: Instructs the jury on how to weigh the evidence and apply the relevant legal standards to determine if the plaintiff has proven their disparate treatment claim by a preponderance of the evidence. It is important to note that different states may have specific variations of Massachusetts Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim based on their laws and regulations. It is recommended to consult the specific instructions provided by the Massachusetts court system for accurate and up-to-date information.