The Arkansas Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination in Employment Discharge — Failure to Promote General Instruction is a crucial component in employment discrimination cases involving race discrimination under the Civil Rights Act Section 1981. This instruction provides a comprehensive overview and guidance to the jury regarding the legal principles surrounding race discrimination claims specifically related to the failure to promote. Key points covered by this instruction include: 1. Background on Civil Rights Act 42 USC Sect.1981: The instruction outlines the purpose of the Civil Rights Act Section 1981, which prohibits race discrimination in employment, including unfair treatment in discharge and the failure to promote. 2. Establishment of Discrimination: The instruction highlights the key elements required to establish a claim of race discrimination in employment discharge and failure to promote. This includes proving that the plaintiff belongs to a protected racial group, that they were qualified and eligible for promotion, and that their employer treated them less favorably compared to similarly qualified individuals outside their protected racial group. 3. Direct and Indirect Evidence: The instruction explains that race discrimination claims can be proven through either direct evidence, such as explicit racial bias statements or actions, or through indirect evidence, such as circumstantial evidence that suggests discriminatory behavior. 4. Employer's Burden of Proof: It is emphasized that once the plaintiff establishes a prima facie case of race discrimination, the burden of proof shifts to the defendant. The employer must then provide a legitimate, non-discriminatory reason for the discharge or failure to promote, which is not a mere pretext for discrimination. 5. Pretext: The instruction discusses the concept of pretext, which refers to when an employer's stated reason for discharge or failure to promote is found to be false or inconsistent with the evidence presented. If the plaintiff successfully shows that the employer's reason is pretextual, it strengthens their case for race discrimination. Other possible types of Arkansas Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination in Employment Discharge — Failure to Promote General Instruction include variations tailored to specific employment scenarios or industries. Each of these variations may focus on different factors, such as age, gender, disability, or other protected classes, that could further contribute to discriminatory practices in the workplace. However, a specific list of these variations is not provided in the given prompt.