New Mexico Jury Instruction - 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge - Failure To Promote General Instruction

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-3-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. New Mexico Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction provides guidance to juries in cases involving allegations of race discrimination in employment discharge and failure to promote under the Civil Rights Act, specifically 42 USC Sect.1981. This instruction highlights the importance of considering race as a pertinent factor when determining whether an employee was wrongfully discharged or denied a promotion due to their race. The instruction emphasizes that an employer is prohibited from discriminating against an employee based on their race, and provides a framework for jurors to analyze the evidence presented during trial. Key elements covered in this instruction include: 1. Prohibition of race discrimination: The instruction specifies that employers cannot discriminate against employees on the basis of their race, as outlined in the Civil Rights Act, 42 USC Sect.1981. 2. Burden of proof: The instruction explains that the burden of proof rests with the employee who must establish by a preponderance of evidence that race was a motivating factor in the discharge or denial of promotion. 3. Motivating factor analysis: It outlines that if the employee proves race was a motivating factor, the employer has the opportunity to demonstrate that the same action would have been taken regardless of the employee's race. Different variations or sub-instructions under New Mexico Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction may include: — Jury Instruction regarding mixed motives: This sub-instruction may further elaborate on situations where an employer's decision to discharge or deny a promotion was based on both discriminatory and non-discriminatory factors. It would guide the jury to determine whether race played a substantial part in the decision, even if other factors were involved. — Instruction on employer's affirmative defenses: This sub-instruction would explain specific defenses an employer can raise to justify a discharge or failure to promote, such as lack of qualifications or performance issues of the employee. — Instruction on damages: This sub-instruction could guide the jury in calculating the appropriate damages the employee may be entitled to if they prevail in their claim. Overall, New Mexico Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction provides an essential guideline for juries to evaluate race discrimination claims in employment termination or promotion denial cases, ensuring fair and just outcomes based on the evidence presented.

New Mexico Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction provides guidance to juries in cases involving allegations of race discrimination in employment discharge and failure to promote under the Civil Rights Act, specifically 42 USC Sect.1981. This instruction highlights the importance of considering race as a pertinent factor when determining whether an employee was wrongfully discharged or denied a promotion due to their race. The instruction emphasizes that an employer is prohibited from discriminating against an employee based on their race, and provides a framework for jurors to analyze the evidence presented during trial. Key elements covered in this instruction include: 1. Prohibition of race discrimination: The instruction specifies that employers cannot discriminate against employees on the basis of their race, as outlined in the Civil Rights Act, 42 USC Sect.1981. 2. Burden of proof: The instruction explains that the burden of proof rests with the employee who must establish by a preponderance of evidence that race was a motivating factor in the discharge or denial of promotion. 3. Motivating factor analysis: It outlines that if the employee proves race was a motivating factor, the employer has the opportunity to demonstrate that the same action would have been taken regardless of the employee's race. Different variations or sub-instructions under New Mexico Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction may include: — Jury Instruction regarding mixed motives: This sub-instruction may further elaborate on situations where an employer's decision to discharge or deny a promotion was based on both discriminatory and non-discriminatory factors. It would guide the jury to determine whether race played a substantial part in the decision, even if other factors were involved. — Instruction on employer's affirmative defenses: This sub-instruction would explain specific defenses an employer can raise to justify a discharge or failure to promote, such as lack of qualifications or performance issues of the employee. — Instruction on damages: This sub-instruction could guide the jury in calculating the appropriate damages the employee may be entitled to if they prevail in their claim. Overall, New Mexico Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction provides an essential guideline for juries to evaluate race discrimination claims in employment termination or promotion denial cases, ensuring fair and just outcomes based on the evidence presented.