Arizona Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense In employment law cases involving race and or sex discrimination, Arizona Jury Instruction — 1.2.1 is a crucial instruction that outlines the legal standards for evaluating claims of discrimination in the form of discharge or failure to promote. This instruction covers both race and sex discrimination issues and includes a specific defense called the "Same Decision Defense." The purpose of this instruction is to guide jurors in evaluating whether an employer discriminated against an employee based on their race or sex, resulting in a discharge from employment or a failure to be promoted. By providing a detailed analysis of the law, it ensures that the jury reaches a fair and impartial decision based on the evidence presented during the trial. The first component of the instruction addresses the concept of race and sex discrimination. It explains that an employee can bring a claim if they believe they were treated unfairly due to their race or sex. Discrimination can occur in various forms, including decisions related to termination or failure to be promoted, which this instruction covers. Next, the instruction introduces the legal principle known as the "Same Decision Defense." This defense allows an employer to argue that the employment decision in question would have been the same regardless of the employee's race or sex. In other words, the employer claims that even if race or sex played a role in the decision-making process, the outcome would have been identical had the employee been of a different race or sex. The instruction provides guidelines for evaluating the Same Decision Defense. It explains that if the employer can establish the defense by presenting evidence that supports their claim, the burden then shifts to the employee to prove that the employer's stated reasons for the decision are merely a pretext for discrimination. This means that the employee must demonstrate that the reasons given by the employer are not genuine or legitimate but rather a cover-up for discriminatory motives. If the employee successfully demonstrates that the employer's reasons are pretextual, the jury must then consider whether race or sex discrimination was a motivating factor in the discharge or failure to promote. The instruction emphasizes that the employee does not have to prove that discrimination was the sole factor, but rather that it played a substantial role, along with other non-discriminatory factors, in the adverse employment decision. In summary, Arizona Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a crucial legal instruction in cases involving allegations of race and sex discrimination in employment. It provides guidance to jurors on the legal standards, including the Same Decision Defense, allowing them to evaluate the evidence and reach a fair decision.