Puerto Rico Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim The Puerto Rico Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim is a crucial legal concept that aims to protect disabled individuals from discrimination in the workplace. This instruction provides guidance to jurors on how to evaluate cases involving a claim of disparate treatment under the Americans With Disabilities Act (ADA) in Puerto Rico. The Americans With Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities. It ensures equal opportunities and accessibility in various areas of public life, including employment. Puerto Rico, as a United States territory, adheres to the ADA provisions and adopts them into its own legal system. Disparate treatment refers to unequal treatment or discrimination against an individual because of their disability. This type of claim argues that an employer or entity intentionally discriminated against the disabled individual by treating them differently or unfavorably compared to individuals without disabilities. The Puerto Rico Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim involves the following key elements: 1. ADA coverage: The jury instruction emphasizes that the ADA covers employers with 15 or more employees, labor unions, and employment agencies. It also highlights that employees with disabilities are protected, as well as individuals regarded as having disabilities. 2. Disabled individual: The instruction defines a disabled individual as someone who has a physical or mental impairment that substantially limits one or more major life activities (e.g., walking, seeing, hearing, learning). It clarifies that individuals with a history of impairment or being perceived as having an impairment are also protected. 3. Disparate treatment: Jurors are informed that a disparate treatment claim requires the disabled individual to prove that they were treated less favorably or differently than others without disabilities under similar circumstances. The instruction specifies that intentional discrimination must be proven. 4. Direct evidence: If direct evidence is presented, jurors are instructed on assessing whether the adverse employment action was motivated by the individual's disability. Direct evidence could include discriminatory statements or explicit policy targeting disabled individuals. 5. Circumstantial evidence: In the absence of direct evidence, jurors are guided to analyze circumstantial evidence to infer discriminatory intent. This could involve examining the timing and sequence of events, inconsistent treatment, and any evidence suggesting pretext or a discriminatory motive. 6. Employer's defense: The instruction acknowledges that an employer may present legitimate non-discriminatory reasons for the adverse employment action. Jurors should evaluate whether these reasons are credible or are merely a pretext to hide discriminatory intent. The Puerto Rico Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim assists jurors in understanding and applying the legal standards necessary to assess cases of discriminatory treatment toward disabled individuals. By incorporating these instructions, the Puerto Rican legal system aims to uphold the principles of equality, accessibility, and protection for disabled individuals in the workplace.