13-2307C. Discrimination based on serious medical condition or physical or mental handicap.
To establish that _______________ (the defendant) discriminated against ______________ (the plaintiff) based on [a serious medical condition] [physical or mental handicap], ______________ (the plaintiff) has the burden of proving each of the following elements:
(1) that _________________ (identify impairment) qualifies as a [serious medical condition] [physical or mental handicap];1
(2) that [he] [she] suffers from ________________ (identify impairment);
(3) _________________ (the plaintiff) [is] [was] "otherwise qualified," meaning [he] [she] [is] [was] able to meet all of [his] [her] job’s requirements in spite of [his] [her] ___________________ (identify impairment);2
(4) that ___________________ (the defendant) [knew] [regarded as] [or] [had a record of] _________________ (the plaintiff)'s [impairment] [condition]; and
(5) that ______________________ (the defendant) intentionally discriminated against _________________ (the plaintiff) because of his disability by _______________ (insert adverse action i.e. terminating his employment, refusing to accommodate).
If you find that _________________ (the plaintiff) has not established each of these elements, you must find for _______________ (the defendant) on _____________________ (the plaintiff)'s discrimination claim based on [serious medical condition] [physical or mental handicap].
[If you find that _________________ (the plaintiff) has established each of these elements, you must then determine whether _____________________ (the defendant) has stated a bona fide occupational qualification.3]4
USE NOTES
1. See UJIs 13-2307F and 13-2307G NMRA regarding serious medical condition or physical or mental handicap.
2. See UJI 13-2307J NMRA for a definition of the term "otherwise qualified."
3. See UJI 13-2307B NMRA regarding "bona fide occupational qualification."
4. This paragraph should only be used when the defense of bona fide occupational qualification has been raised.
[Approved by Supreme Court Order No. 10-8300-024, effective September 27, 2010.]