Michigan Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim The Michigan Jury Instruction 1.5.1 focuses on the Americans With Disabilities Act (ADA) 42 USC Sect. 12101 – 12117 Disparate Treatment Claim. This instruction provides guidelines for jurors to understand and apply the law when evaluating a claim related to disparate treatment based on disability under the ADA. The ADA is a federal law that prohibits discrimination against individuals with disabilities in various areas, including employment, public accommodations, and services provided by state and local government agencies. The purpose of the ADA is to ensure equal opportunities and accessibility for disabled individuals in society. When considering a disparate treatment claim under the ADA, there are several important factors that need to be understood and evaluated by the jury: 1. Disparate Treatment: Disparate treatment refers to the unequal and unfair treatment of individuals with disabilities compared to those without disabilities. It involves intentional discrimination based on disability, where disabled individuals are treated differently in employment or public accommodation settings due to their disability. 2. Prima Facie Case: The jury needs to understand the elements required to establish a prima facie case of disparate treatment under the ADA. These elements include proving that the plaintiff has a disability as defined by the ADA, that they were qualified to perform the job or access the services, that they suffered an adverse employment action or denial of services, and that this action was solely based on their disability. 3. Discriminatory Intent: Jurors must also consider whether the defendant had a discriminatory intent, meaning that the adverse action was motivated by the plaintiff's disability. Discriminatory intent is a crucial component of a disparate treatment claim, as the plaintiff needs to demonstrate that their disability was a determining factor in the adverse treatment. 4. Reasonable Accommodation: The ADA requires employers and service providers to provide reasonable accommodations to qualified individuals with disabilities unless it would cause undue hardship. Jurors should take into consideration whether the defendant made a good faith effort in providing reasonable accommodations. It's important to note that there might be different types of disparate treatment claims under the ADA, such as those related to employment, public accommodations, or government services. Each claim may have specific considerations and elements that jurors need to assess. In summary, Michigan Jury Instruction 1.5.1 serves as a comprehensive guide for jurors to understand the ADA's provisions and apply them to disparate treatment claims based on disability. By considering the relevant factors and elements, jurors can ensure fair and just outcomes when evaluating such claims.