Tennessee Jury Instruction — 1.5.1 Americans With Disabilities Act (ADA) 42 USC Sect. 12101-12117 Disparate Treatment Claim aims to provide guidance for cases involving alleged discrimination against individuals with disabilities. This jury instruction pertains to the ADA, a federal law that prohibits discrimination based on disability in various aspects of public life, including employment, public accommodations, and government services. In a Disparate Treatment Claim under the ADA, the plaintiff asserts that they have been treated less favorably or subjected to adverse actions solely because of their disability. When presenting this claim to the jury, the following types of instructions may be provided: 1. Prima Facie Elements: The jury may be instructed about the essential elements that the plaintiff must prove to establish a prima facie case of disparate treatment under the ADA. This typically includes demonstrating that they have a disability as defined by the ADA, that they are qualified for the job or benefit in question, that they suffered an adverse employment or service-related action, and that the action occurred because of their disability. 2. Employer's Defense: The jury may be informed about potential defenses an employer can assert in response to the plaintiff's claim. For example, the employer might argue that the alleged adverse action was based on a legitimate, non-discriminatory reason, or that accommodating the plaintiff's disability would have caused an undue hardship on their business. 3. Required Burden of Proof: The jury may receive instructions on the burden of proof the plaintiff needs to meet in order to establish their claim. This typically involves demonstrating that the adverse action was motivated primarily by their disability and not by any other factors. 4. Reasonable Accommodations: In some instances, the jury may be instructed on the concept of reasonable accommodations. This means that employers, in most cases, are legally obligated to provide reasonable accommodations to individuals with disabilities, except when doing so would create an undue hardship for the employer. 5. Damages and Remedies: The jury may receive guidance regarding the potential types of damages and remedies the plaintiff may be entitled to if they prevail in their disparate treatment claim. This can include compensatory damages, such as lost wages or emotional distress, as well as injunctive relief or reinstatement to their previous position. It is essential to consult the specific Tennessee Jury Instruction for accurate and up-to-date information on how to handle a Disparate Treatment Claim involving the Americans With Disabilities Act. Legal professionals should familiarize themselves with the proper usage and application of these instructions to effectively advocate for their clients.