Harris Texas Jury Instruction - 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 - 12117 Disparate Treatment Claim

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• County: Harris
• Control #: US-11CF-1-5-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. Harris Texas Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim The Harris Texas Jury Instruction — 1.5.1 relates to the Americans With Disabilities Act (ADA) and provides guidelines for assessing disparate treatment claims under this federal law. The ADA prohibits discrimination against individuals with disabilities in various aspects of their life, including employment, public services, and accommodations. This particular jury instruction focuses on disparate treatment claims, which refers to situations where individuals with disabilities are treated unfavorably or differently compared to individuals without disabilities in similar circumstances. Below, we will explore the key elements and concepts related to this Harris Texas Jury Instruction. 1. Americans With Disabilities Act (ADA): The ADA, codified in 42 USC Sect. 12101 – 12117, aims to eliminate discrimination against individuals with disabilities and ensure equal opportunities in employment, public services, and places of public accommodation. It defines disability as a physical or mental impairment that substantially limits one or more major life activities. 2. Disparate Treatment: Disparate treatment refers to intentional discrimination against individuals with disabilities. Under this instruction, the focus lies on cases where an employer, service provider, or accommodation provider treats an individual with a disability unfavorably due to their disability status, resulting in adverse consequences. 3. Elements of a Disparate Treatment Claim: To establish a successful disparate treatment claim under the ADA, the claimant must prove the following: a. Disability: The claimant must demonstrate that they have a recognized disability as defined by the ADA, meaning a physical or mental impairment that substantially limits one or more major life activities. b. Adverse Treatment: The claimant must show that they were subjected to adverse treatment or different standards compared to individuals without disabilities, based on their disability. c. Motive: The claimant must establish that their disability was the motivating factor behind the adverse treatment. It is essential to prove the intentional and discriminatory nature of the actions taken against them. d. Comparators: The claimant should identify individuals without disabilities who were treated more favorably in similar situations. This comparison helps establish the disparate treatment claim by highlighting differential treatment based on disability. Different types of Disparate Treatment Claims: 1. Employment Discrimination: This form of disparate treatment claim focuses on discrimination occurring in the workplace. It includes adverse employment actions such as termination, demotion, unequal pay, refusal of promotions, or denial of reasonable accommodations. 2. Public Services Discrimination: This category deals with disparate treatment claims regarding access to public services and programs. Examples could involve denial of entry into public buildings or facilities, exclusion from government-funded programs, or differential treatment in public transportation services. 3. Accommodations Discrimination: These claims revolve around individuals with disabilities being denied reasonable accommodations necessary to perform essential functions of their job or participate in public services or programs. Failure to provide such accommodations may lead to a disparate treatment claim. It is important to note that these categories serve as broad classifications, and each disparate treatment claim may have unique circumstances and considerations. The Harris Texas Jury Instruction — 1.5.1 provides guidance in evaluating these claims under the ADA, ensuring fairness and protection for individuals with disabilities.

Harris Texas Jury Instruction — 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 – 12117 Disparate Treatment Claim The Harris Texas Jury Instruction — 1.5.1 relates to the Americans With Disabilities Act (ADA) and provides guidelines for assessing disparate treatment claims under this federal law. The ADA prohibits discrimination against individuals with disabilities in various aspects of their life, including employment, public services, and accommodations. This particular jury instruction focuses on disparate treatment claims, which refers to situations where individuals with disabilities are treated unfavorably or differently compared to individuals without disabilities in similar circumstances. Below, we will explore the key elements and concepts related to this Harris Texas Jury Instruction. 1. Americans With Disabilities Act (ADA): The ADA, codified in 42 USC Sect. 12101 – 12117, aims to eliminate discrimination against individuals with disabilities and ensure equal opportunities in employment, public services, and places of public accommodation. It defines disability as a physical or mental impairment that substantially limits one or more major life activities. 2. Disparate Treatment: Disparate treatment refers to intentional discrimination against individuals with disabilities. Under this instruction, the focus lies on cases where an employer, service provider, or accommodation provider treats an individual with a disability unfavorably due to their disability status, resulting in adverse consequences. 3. Elements of a Disparate Treatment Claim: To establish a successful disparate treatment claim under the ADA, the claimant must prove the following: a. Disability: The claimant must demonstrate that they have a recognized disability as defined by the ADA, meaning a physical or mental impairment that substantially limits one or more major life activities. b. Adverse Treatment: The claimant must show that they were subjected to adverse treatment or different standards compared to individuals without disabilities, based on their disability. c. Motive: The claimant must establish that their disability was the motivating factor behind the adverse treatment. It is essential to prove the intentional and discriminatory nature of the actions taken against them. d. Comparators: The claimant should identify individuals without disabilities who were treated more favorably in similar situations. This comparison helps establish the disparate treatment claim by highlighting differential treatment based on disability. Different types of Disparate Treatment Claims: 1. Employment Discrimination: This form of disparate treatment claim focuses on discrimination occurring in the workplace. It includes adverse employment actions such as termination, demotion, unequal pay, refusal of promotions, or denial of reasonable accommodations. 2. Public Services Discrimination: This category deals with disparate treatment claims regarding access to public services and programs. Examples could involve denial of entry into public buildings or facilities, exclusion from government-funded programs, or differential treatment in public transportation services. 3. Accommodations Discrimination: These claims revolve around individuals with disabilities being denied reasonable accommodations necessary to perform essential functions of their job or participate in public services or programs. Failure to provide such accommodations may lead to a disparate treatment claim. It is important to note that these categories serve as broad classifications, and each disparate treatment claim may have unique circumstances and considerations. The Harris Texas Jury Instruction — 1.5.1 provides guidance in evaluating these claims under the ADA, ensuring fairness and protection for individuals with disabilities.