New Hampshire Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim is a legal instruction that provides guidance to jury members on handling cases related to claims of disparate treatment under the Americans With Disabilities Act (ADA). Here is a detailed description of this instruction and its various types: 1. Definition of Disparate Treatment: The instruction begins by explaining the concept of disparate treatment. It outlines that a disparate treatment claim arises when an employer or entity treats an individual with a disability less favorably than others in similar circumstances, solely based on their disability. 2. The Americans With Disabilities Act (ADA): The instruction then establishes the legal framework for the claim. It introduces the ADA, a federal law that prohibits discrimination based on disability in various aspects of public life, including employment. 3. Elements of the Disparate Treatment Claim: The instruction outlines the essential elements that the plaintiff must prove to establish a disparate treatment claim. These typically include demonstrating that they are protected under the ADA, they suffered an adverse employment action, the adverse action was motivated by their disability, and there is a direct link between the disability and the adverse action. 4. Prohibited Discriminatory Actions: It further provides examples of actions or behaviors that may constitute disparate treatment, such as refusal to hire, termination, denial of promotion, or unequal terms and conditions of employment based on disability. 5. The Employer's Defenses: The instruction also covers potential defenses an employer may raise in response to a disparate treatment claim. Common defenses include asserting that the adverse action was based on a legitimate non-discriminatory reason, the individual cannot perform the essential functions of the job even with reasonable accommodations, or granting the requested accommodation would cause undue hardship. 6. Reasonable Accommodations: The jury instruction may delve into the concept of reasonable accommodations. It explains that employers have an obligation to provide reasonable accommodations to qualified individuals with disabilities to ensure they can perform their job duties unless it creates undue hardship for the employer. 7. Role of the Jury: Lastly, the instruction informs the jury about their role in evaluating the evidence presented and determining whether the plaintiff has proven their disparate treatment claim by a preponderance of the evidence. It stresses the importance of impartiality and following the court's instructions throughout the trial. These are the key components that may be covered in the New Hampshire Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim. However, it's important to note that the specific content and organization of the instruction may vary depending on the court, judge, and the particulars of the case at hand.