Pennsylvania Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim The Pennsylvania Jury Instruction — 1.5.1 covers the Americans With Disabilities Act (ADA) and specifically addresses the disparate treatment claim under this federal law. The ADA aims to protect individuals with disabilities from discrimination and ensure their equal access to employment opportunities. This jury instruction provides guidance to jurors on the various aspects of a disparate treatment claim brought under the ADA in the state of Pennsylvania. Disparate treatment refers to intentionally treating an individual with a disability less favorably than others in similar circumstances because of their disability. In such cases, the burden of proof lies with the plaintiff (the individual bringing the claim) to demonstrate that they have a disability as defined by the ADA and that they were subjected to adverse treatment in the workplace solely based on their disability. The Pennsylvania Jury Instruction — 1.5.1 includes several key elements that jurors should consider when evaluating a disparate treatment claim under the ADA: 1. Disability Definition: Jurors need to understand the legal definition of disability under the ADA. The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities, a history of such an impairment, or being regarded as having such an impairment. 2. Adverse Treatment: Jurors should assess whether the plaintiff has provided evidence showing that they were treated adversely in comparison to non-disabled employees or job applicants. This can include instances of termination, demotion, failure to hire, unequal pay, denial of benefits, or other unfavorable actions. 3. Discriminatory Intent: The plaintiff must prove that the adverse treatment was motivated by their disability. The jury should consider direct evidence, such as discriminatory remarks or statements, as well as circumstantial evidence that suggests a discriminatory motive. 4. Pretext: If the defendant (the employer) provides a legitimate reason for the adverse treatment, jurors must determine whether it is merely a pretext (a false excuse) used to hide the discriminatory motive. The plaintiff should present evidence that proves the employer's explanation to be untrue or insufficient. Different types of Pennsylvania Jury Instructions — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim arise based on the specific circumstances of each case. For example, there may be instances where the employer denies an accommodation request, fails to promote an employee due to their disability, or retaliates against an employee for asserting their rights under the ADA. Each type of claim would require jurors to carefully evaluate the evidence presented and apply the appropriate legal standards provided in the jury instructions. In conclusion, the Pennsylvania Jury Instruction — 1.5.1 provides comprehensive guidance to jurors tasked with assessing disparate treatment claims under the Americans With Disabilities Act. It ensures that individuals with disabilities have the opportunity to seek justice and protect their rights in Pennsylvania's jurisdiction.