Nebraska Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim is a legal instruction given to the jury in Nebraska when a case pertains to a claim of disparate treatment under the Americans with Disabilities Act (ADA). This instruction guides the jury on how to evaluate evidence and make decisions regarding the alleged discriminatory treatment based on disability. Keywords: Nebraska Jury Instruction, Americans with Disabilities Act, ADA, 42 USC Sect. 12101 – 12117, Disparate Treatment Claim. Disparate treatment refers to a situation where an individual with a disability is treated less favorably than others in similar circumstances solely because of their disability. To establish a claim of disparate treatment under the ADA, the plaintiff must show that: 1. The plaintiff has a disability as defined by the ADA. 2. The defendant is subject to the ADA, meaning they are an employer, public entity, or public accommodation covered under the law. 3. The plaintiff was qualified to perform the essential functions of the job or access the services provided. 4. The plaintiff was subjected to adverse treatment or unfavorable action. 5. The adverse treatment was motivated by the plaintiff's disability. Nebraska Jury Instruction 1.5.1 is essential for presenting evidence and clarifying the legal standards that apply to this particular claim. It outlines the burden of proof, the elements required for a successful claim, and the jury's role in evaluating the evidence presented. There may be different types or variations of Nebraska Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim that may be applicable based on the specific circumstances of the case. Some variations may include different considerations for employment-related claims, public accommodation claims, or claims against public entities. The specific instructions provided to the jury may differ based on the type of claim being made and the particular facts of the case. It is important for the jury to carefully review and consider the instructions provided by the court in order to make an informed and fair decision regarding the disparate treatment claim under the Americans with Disabilities Act. These instructions ensure that the jury focuses on the relevant legal standards and applies them correctly to the evidence presented during the trial.