New Mexico Jury Instruction — 1.5.1 Americans With Disabilities Act (ADA) 42 USC Sect. 12101 – 12117 Disparate Treatment Claim provides guidance and instructions to jurors in New Mexico regarding cases involving disparate treatment claims under the ADA. This instruction is essential in ensuring a fair and unbiased evaluation of the evidence presented during a trial. The ADA is a federal law that prohibits discrimination against individuals with disabilities in various aspects of public life, including employment, public services, accommodations, and telecommunications. Disparate treatment claims arise when an individual alleges that they have been treated unfairly or differently due to their disability. Key components of New Mexico Jury Instruction — 1.5.1 ADA Disparate Treatment Claim may include: 1. Definition of Disparate Treatment: The instruction would define disparate treatment as a situation where an individual with a disability is treated less favorably compared to others who do not have a disability, solely due to their disability. 2. Elements of a Disparate Treatment Claim: The instruction would outline the essential elements that need to be proven in a disparate treatment claim under the ADA. This may include demonstrating that: a. The plaintiff has a disability as defined by ADA guidelines. b. The defendant treated the plaintiff unfavorably. c. The plaintiff's disability was a motivating factor behind the unfavorable treatment. 3. Establishing Discrimination: The instruction may further explain how discrimination can be proven in such cases, including presenting evidence of direct statements or actions indicating biased treatment based on disability. 4. Intent and Motivation: The instruction may emphasize that it is crucial for the jury to consider the motivations and intent behind the defendant's actions when determining if disparate treatment has occurred. Evidence of discriminatory animus may be examined. 5. Burden of Proof: The instruction may clarify the burden of proof, typically falling on the plaintiff, to establish by a preponderance of the evidence that disparate treatment occurred. This means the plaintiff must present more convincing evidence in support of their claim than the defendant offers in opposition. Different types or versions of New Mexico Jury Instruction — 1.5.1 ADA Disparate Treatment Claim may exist based on updates to the law or specific court rulings. It is advisable for attorneys and jurors to consult the most recent and applicable version of the instruction to ensure accurate and up-to-date guidance. Overall, New Mexico Jury Instruction — 1.5.1 ADA Disparate Treatment Claim plays a crucial role in providing jurors with the necessary legal framework to fairly evaluate cases involving alleged discrimination based on disability under the ADA. It encourages a comprehensive analysis of evidence and encourages the protection of the rights of individuals with disabilities in New Mexico.