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WPI 330.45 Employment Discrimination—Pregnancy Discrimination—Reasonable Accommodation—Burden o...

6A WAPRAC WPI 330.45Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 330.45 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part XVI. Employment
Chapter 330. Employment Discrimination
WPI 330.45 Employment Discrimination—Pregnancy Discrimination—Reasonable Accommodation—Burden of Proof
Discrimination in employment on the basis of pregnancy is prohibited. One form of unlawful discrimination is a failure to reasonably accommodate an employee's pregnancy.
To establish her claim of discrimination on the basis of failure to reasonably accommodate pregnancy,(name of plaintiff)has the burden of proving each of the following propositions:
(1) That she was pregnant or had a pregnancy-related health condition;
(2) That either
(a) the employee requested from her employer a reasonable accommodation for her pregnancy or her pregnancy-related health condition; or
(b) no notice of a request was required because the employer knew about or suspected the employee's need for reasonable accommodation for her pregnancy or her pregnancy-related health condition; and
(3) That the employer failed to reasonably accommodate the employee's pregnancy or pregnancy-related health condition.
If you find from your consideration of all of the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff [on this claim]. On the other hand, if any of these propositions has not been proved, your verdict should be for the employer [on this claim].
NOTE ON USE
Use this instruction with WPI 330.44 (Employment Discrimination—Pregnancy Discrimination—Definition), WPI 330.46 (Employment Discrimination—Pregnancy Discrimination—Reasonable Accommodation—Definition), and as appropriate, WPI 330.48 (Employment Discrimination—Pregnancy Discrimination—Undue Hardship).
COMMENT
This instruction is new for this edition.
RCW 43.10.005 was enacted in 2017.
[Current as of November 2020.]
End of Document