New Mexico Forms Library

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.]