US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 12.13
ADA—Defenses—Good Faith in Interactive Process
Good faith is a defense to a claim seeking damages for discrimination under the ADA where the alleged discriminatory practice involves the provision of a reasonable accommodation.
To prevail on this defense, the defendant [name] must prove, by a preponderance of the evidence, that the defendant [name] demonstrated good faith efforts, in consultation with the person who informed the defendant [name] that accommodation is needed, to identify and make a reasonable accommodation that would provide that person with an equally effective opportunity and would not cause an undue hardship on the operation of the business.
If you find that each of the elements on which the plaintiff [name] has the burden of proof has been proved, your verdict should be for the plaintiff [name], unless you also find that the defendant [name] has proved each of the elements of this affirmative defense, in which event your verdict should be for the defendant [name].
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
2e6cdabce2585f6724633b08f443fe6b2ce2f1e8101705ce6529b9e7853de283
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