Arkansas Jury Instruction 1.2.1 Race And/Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense: Detailed Description and Variations Arkansas Jury Instruction 1.2.1 addresses cases involving allegations of race and/or sex discrimination in the context of wrongful discharge or failure to promote. This instruction guides the jury in determining whether the defendant employer engaged in discriminatory practices that violated the rights of the plaintiff employee. It specifically focuses on situations where an employee claims that they were terminated or denied a promotion based on their race or sex. The instruction covers two key aspects: race and/or sex discrimination in discharge and failure to promote. In cases involving discharge, the jury examines whether the decision to terminate the plaintiff was motivated by discriminatory animus based on their race or sex. However, if the employer provides a same decision defense, it must be weighed by the jury to determine if race or sex was a factor in the discharge. Similarly, in cases involving failure to promote, the jury assesses whether discriminatory factors influenced the employer's decision to deny the plaintiff a promotion. However, if the employer raises the same decision defense, the jury must analyze whether race or sex played a role in the failure to promote. The Arkansas Jury Instruction 1.2.1 Race And/Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense can have various types or variations based on specific circumstances or additional elements to consider. Some potential variations include: 1.1 Employment Termination: This variation focuses specifically on cases where the plaintiff claims wrongful discharge due to race and/or sex discrimination. It provides instructions for the jury to assess the employer's motivations and determine whether discriminatory factors were present in the termination decision. 1.3 Unlawful Failure to Promote: This variant specifically deals with allegations of race and/or sex discrimination in the context of failure to promote. It instructs the jury on how to evaluate the evidence to determine whether discriminatory factors influenced the employer's decision. 1.2.2 Same Decision Defense — Race and/or Sex Discrimination Discharge: This variant elaborates on the same decision defense concept specifically for cases of wrongful discharge. It provides additional instructions for the jury to determine whether the employer's reasons for termination were genuinely non-discriminatory, demonstrating that race or sex played no part. 1.2.3 Same Decision Defense — Race and/or Sex Discrimination Failure to Promote: This variant further explains the same decision defense in relation to failure to promote claims. It guides the jury in assessing whether the reasons provided by the employer for the lack of promotion were non-discriminatory in nature. By considering these different types and variations of the Arkansas Jury Instruction 1.2.1, the jury can conduct a thorough evaluation of the evidence and make an informed determination regarding allegations of race and/or sex discrimination in discharge or failure to promote cases.