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];
(2) that ___________ (the plaintiff) suffers from ________________ (identify impairment);
(3) that _________________ (the plaintiff) [is] [was] “otherwise qualified,” as defined in these instructions;1
(4) that ___________________ (the defendant) [knew of] [or] [had a record of] _________________ (the plaintiff)’s [impairment] [condition] [or] [regarded ___________ (identify impairment) as a [physical or mental handicap] [serious medical condition]; and
(5) that _________________ (the plaintiff)’s __________________ [physical or mental handicap] [serious medical condition] was a motivating factor in _____________________ (the defendant)’s ______________________ (insert adverse action, i.e., refusing to hire, firing, failing to promote, demoting, or discriminating in matters of compensation terms, conditions, or privileges of employment against) ___________________ (the plaintiff).2
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
USE NOTES
1. See UJI 13-2307J NMRA for a definition of the term “otherwise qualified.”
2. Only instructions on elements in dispute should be provided.
3. 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; as amended by Supreme Court Order No. S-1-RCR-2024-00104, effective for all cases pending or filed on or after December 31, 2024.]