M Civ JI 106.07A Employment Discrimination - Burden of Proof - Disability

Plaintiff has the burden of proving:

(a) that (he/she) [ has a disability / has a history of a disability / is regarded as having a disability ] that is unrelated to the plaintiff’s ability to perform the duties of a particular job or position; and

(b) that defendant [ discharged / failed or refused to hire / failed to promote / failed to train / other ] the plaintiff; and

(c) that [ the disability / the history of a disability / being regarded as having a disability ] was one of the motives or reasons which made a difference in determining to [ discharge / fail to hire / fail to promote / fail to train / other ] the plaintiff. The [ disability / history of a disability / being regarded as having a disability ] does not have to be the only reason, or even the main reason, but it does have to be one of the reasons which made a difference in determining whether to [ discharge / hire / promote / train / other ] the plaintiff; and

(d) that (he/she) suffered damages as a result of the [ discharge / failure or refusal to hire / failure to promote / failure to train / other ].

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Comment

MCL 37.1202

History

Added September 2005. Amended January 2020.