North Dakota Jury Instruction — 1.5.2 Reasonable Accommodation Claim In North Dakota, the jury instruction 1.5.2 refers to the legal standard and elements of a reasonable accommodation claim in the context of disability discrimination. This instruction guides the jury in understanding the requirements and considerations when evaluating such claims brought under the North Dakota Human Rights Act or federal laws like the Americans with Disabilities Act (ADA). Reasonable accommodation is a pivotal concept in disability law that aims to ensure that individuals with disabilities have equal access to employment opportunities. Under this instruction, the jury is instructed to carefully consider the following key aspects when evaluating a reasonable accommodation claim: 1. Disability Discrimination and Failure to Accommodate: The instruction highlights that to establish a prima facie case, the plaintiff (the person with the disability) must show that they are an individual with a disability as defined by law, that they are qualified to perform the essential functions of the job, and that the employer failed to provide reasonable accommodations necessary for the plaintiff to perform those functions. 2. Engaging in an Interactive Process: The jury instruction emphasizes the importance of an interactive process between the employer and employee to determine reasonable accommodations. It explains that both parties have an obligation to engage in good faith discussions, exchange relevant information, and explore potential accommodations comprehensively. 3. Understanding Reasonable Accommodations: The instruction defines reasonable accommodations as modifications, adjustments, or changes to the work environment or job responsibilities that would enable the employee to perform the essential job functions. It further clarifies that the determination of reasonableness depends on factors such as the nature of the disability, the job requirements, and the employer's resources. Different types or variations of the North Dakota Jury Instruction — 1.5.2 Reasonable Accommodation Claim may include: 1. Reasonable Accommodation Claim in Employment: This instruction specifically pertains to cases where an individual alleges that their employer failed to provide reasonable accommodations, resulting in discrimination in the workplace based on a disability. It may cover a broad range of employment-related accommodations, such as modifications to workspaces, schedules, job tasks, or the provision of assistive devices. 2. Reasonable Accommodation Claim in Housing: This variant of the instruction focuses on cases involving claims of discrimination in housing based on a disability. It deals with situations where a person with a disability alleges that a landlord, property owner, or housing provider failed to make reasonable accommodations to ensure equal access to housing opportunities, such as modifying physical barriers or allowing service animals. 3. Reasonable Accommodation Claim in Public Facilities: This type of instruction would be relevant in cases where a disabled individual sues a public entity, such as a government agency, for denying reasonable accommodations that would enable equal participation in public programs or services. It may involve modifications to facilities, policies, or procedures to ensure accessibility for individuals with disabilities. Understanding the North Dakota Jury Instruction — 1.5.2 Reasonable Accommodation Claim is crucial for juries to fairly evaluate disability discrimination cases and make informed decisions regarding the alleged failure to provide reasonable accommodations in employment, housing, or public facilities.
North Dakota Jury Instruction — 1.5.2 Reasonable Accommodation Claim In North Dakota, the jury instruction 1.5.2 refers to the legal standard and elements of a reasonable accommodation claim in the context of disability discrimination. This instruction guides the jury in understanding the requirements and considerations when evaluating such claims brought under the North Dakota Human Rights Act or federal laws like the Americans with Disabilities Act (ADA). Reasonable accommodation is a pivotal concept in disability law that aims to ensure that individuals with disabilities have equal access to employment opportunities. Under this instruction, the jury is instructed to carefully consider the following key aspects when evaluating a reasonable accommodation claim: 1. Disability Discrimination and Failure to Accommodate: The instruction highlights that to establish a prima facie case, the plaintiff (the person with the disability) must show that they are an individual with a disability as defined by law, that they are qualified to perform the essential functions of the job, and that the employer failed to provide reasonable accommodations necessary for the plaintiff to perform those functions. 2. Engaging in an Interactive Process: The jury instruction emphasizes the importance of an interactive process between the employer and employee to determine reasonable accommodations. It explains that both parties have an obligation to engage in good faith discussions, exchange relevant information, and explore potential accommodations comprehensively. 3. Understanding Reasonable Accommodations: The instruction defines reasonable accommodations as modifications, adjustments, or changes to the work environment or job responsibilities that would enable the employee to perform the essential job functions. It further clarifies that the determination of reasonableness depends on factors such as the nature of the disability, the job requirements, and the employer's resources. Different types or variations of the North Dakota Jury Instruction — 1.5.2 Reasonable Accommodation Claim may include: 1. Reasonable Accommodation Claim in Employment: This instruction specifically pertains to cases where an individual alleges that their employer failed to provide reasonable accommodations, resulting in discrimination in the workplace based on a disability. It may cover a broad range of employment-related accommodations, such as modifications to workspaces, schedules, job tasks, or the provision of assistive devices. 2. Reasonable Accommodation Claim in Housing: This variant of the instruction focuses on cases involving claims of discrimination in housing based on a disability. It deals with situations where a person with a disability alleges that a landlord, property owner, or housing provider failed to make reasonable accommodations to ensure equal access to housing opportunities, such as modifying physical barriers or allowing service animals. 3. Reasonable Accommodation Claim in Public Facilities: This type of instruction would be relevant in cases where a disabled individual sues a public entity, such as a government agency, for denying reasonable accommodations that would enable equal participation in public programs or services. It may involve modifications to facilities, policies, or procedures to ensure accessibility for individuals with disabilities. Understanding the North Dakota Jury Instruction — 1.5.2 Reasonable Accommodation Claim is crucial for juries to fairly evaluate disability discrimination cases and make informed decisions regarding the alleged failure to provide reasonable accommodations in employment, housing, or public facilities.
