New Mexico Forms Library
Decision Information
Chapter 28 - Human Rights - cited by 1,617 documents
Citations - New Mexico Appellate Reports
Trujillo v. Northern Rio Arriba Elec. Coop. - cited by 71 documents
Decision Content
13-2307D. Failure to accommodate.1
_____________ (The plaintiff) says _________________________ (the defendant) failed to reasonably accommodate ____________________ (the plaintiff)'s [serious medical condition] [physical or mental handicap]. To establish that ______________ (the defendant) discriminated against _________________ (the plaintiff), ___________________ (the plaintiff) must prove the following:
(1) ________________ (the defendant) knew of ______________ (the plaintiff)’s [serious medical condition] [physical or mental handicap];
(2) ________________ (the plaintiff) requested an accommodation;2
(3) A reasonable accommodation existed that would have allowed _________________ (the plaintiff) to perform the essential functions of the job;
(4) ________________ (the defendant) failed to provide a reasonable accommodation.
USE NOTES
1. In addition to this instruction, the jury should also be given UJI 13-2307F or 13-2307G NMRA, under Section 28-1-7(J) NMSA 1978.
2. Unless a disability is "open, obvious, and apparent to the employer . . . the initial burden rests primarily upon the employee, or his health-care provider, to specifically identify the disability and resulting limitations, and to suggest reasonable accommodations." Trujillo v. Northern Rio Arriba Electric Coop., 2002-NMSC-004, ¶ 16, 131 N.M. 607, 41 P.3d 333 (quoting with approval Taylor v. Principal Fin. Group, Inc., 93 F.3d 155, 165 (5th Cir. 1996)).
[Approved by Supreme Court Order No. 10-8300-024, effective September 27, 2010.]