9th Cir. Model Jury Instr. (Civil) 12.9

To establish the plaintiff [name]’s claim that the defendant [name] discriminated against the plaintiff [name] in violation of the ADA by failing to provide a reasonable accommodation, the plaintiff [name] must prove, by a preponderance of the evidence, each of the following three elements:

First, the plaintiff [name] is a “qualified individual”;

Second, the defendant [name] received adequate notice of the plaintiff [name]’s disability and desire for a reasonable accommodation; and

Third, a reasonable accommodation is available that would have enabled the plaintiff [name] to [apply or qualify for] [perform the essential functions of] the job.

Under the ADA, [an] accommodation[s] by the defendant may include, but [is] [are] not limited to:

(1) [modifying or adjusting a job application process to enable a qualified applicant with a disability to be considered for the position][;]

(2) [making existing facilities used by employees readily accessible to and usable by individuals with disabilities][;]

(3) [job restructuring][;]

(4) [part-time or modified work schedule][;]

(5) [reassignment to a vacant position][;]

(6) [acquisition or modifications of examinations, training materials, or policies][;]

(7) [provision of qualified readers and interpreters][;] [or]

(8) [other similar accommodations for individuals with plaintiff’s disabilities].

It is for you to determine whether the accommodation[s] requested by the plaintiff [name] [is] [are] reasonable.

A reasonable accommodation does not include changing or eliminating any essential function of employment, shifting any of the essential functions of the employment to others, or creating a new position for the disabled employee.

[If the plaintiff rejects a reasonable accommodation that could enable the plaintiff to perform the essential functions of the position, the plaintiff cannot be considered qualified for the position.]

[An accommodation is generally not reasonable when it consists of a request to be reassigned to another job position that would be in violation of an employer’s seniority system. This general rule, however, does not apply if the plaintiff has proved, by a preponderance of the evidence, special circumstances such as [the seniority system provides for exceptions] [the employer has exercised changes to the seniority system] [state other special circumstance].]