US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 12.3
ADA Employment Actions—Regarded as Disability—Elements
The plaintiff [name] claims that because the defendant [name] regarded [him] [her] [other pronoun] as disabled, the defendant [name] [[discharged] [did not hire] [did not promote] [demoted] [state other adverse action]] [[him] [her] [other pronoun]]. To succeed on this claim, the plaintiff [name] has the burden of proving each of the following three elements by a preponderance of the evidence:
First, the plaintiff [name] was regarded as having a physical or mental impairment;
Second, the plaintiff [name] was a qualified individual as that term is later defined in these instructions; and
Third, the plaintiff [name] was [discharged] [not hired] [not promoted] [demoted] [state other adverse action] because [he] [she] [other pronoun] was regarded as having a physical or mental impairment.
If you find that the plaintiff [name] has proved each of these elements, your verdict should be for the plaintiff [name]. If, on the other hand, the plaintiff [name] has failed to prove any of these elements, your verdict should be for the defendant [name].
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
171323ed60cf01f43271dc2d1dc14a8817cc794dc2975e3a2698ba4732c5a4c3
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