Alabama Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense The Alabama Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense provides guidance for cases involving employment discrimination based on race and/or sex and focuses specifically on situations where an employee is discharged or fails to be promoted due to such discriminatory factors. This instruction serves as a guideline for the jury to understand the legal principles involved and properly evaluate the evidence presented in these types of cases. The instruction addresses the discrimination that occurs when an individual's race and/or sex becomes a determining factor leading to their discharge from a job position or failure to be promoted, despite having the qualifications and merit necessary for advancement. It highlights the importance of treating employees fairly and without any bias or prejudice related to their race or sex. The keyword "same decision defense" refers to a potential defense strategy that the employer might employ in such cases. This defense argues that even without any discriminatory intent, the employer would have made the same decision to discharge or not promote the employee, based on legitimate non-discriminatory factors. The instruction provides clarity on the burden of proof and explaining that the employee must demonstrate that they would have been treated differently if their race and/or sex had not been taken into consideration. Different types or variations of Alabama Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense may include: — Specific instructions tailored to the particular circumstances of the case, such as providing additional guidance regarding evidence related to race and/or sex discrimination. — Instructions related to different types of discriminatory discharge or failure to promote based on race and/or sex, such as whether the discriminatory factors were explicit or implicit, intentional, or systemic. — Instructions that specifically apply to cases involving race discrimination, sex discrimination, or both, allowing the jury to understand the nuances and legal principles applicable to each type of discrimination. — Instructions incorporating recent legal precedents or changes in legislation relevant to employment discrimination cases. Overall, the Alabama Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense plays a crucial role in guiding juries to assess employment discrimination cases involving race and/or sex. It ensures a fair evaluation of the evidence presented while considering the potential defenses and legal standards applicable to these types of situations.