California Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a legal instruction that pertains to cases involving allegations of race and/or sex discrimination in workplace discharge or failure to promote. This instruction is a guide for the jury to consider when determining liability in such cases. Keywords: California, jury instruction, 1.2.1, race discrimination, sex discrimination, discharge, failure to promote, same decision defense, legal The California Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense can be further categorized into different types based on the scenarios it covers. Some potential variations of this instruction could include: 1. California Jury Instruction — 1.2.1(a) Race Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense: This instruction specifically focuses on cases involving allegations of race discrimination and addresses instances where the employee was discharged or denied a promotion based on their race. 2. California Jury Instruction — 1.2.1(b) Sex DiscriminatioDischargerg— - Failure To Promote Including — Same Decision Defense: This variation of the instruction is applicable when the employee claims sex discrimination as the basis for their discharge or failure to promote. It provides guidelines for the jury to evaluate whether the employer discriminated against the employee based on their sex. 3. California Jury Instruction — 1.2©c) Race and Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense: This type combines both race and sex discrimination claims in cases involving discharge or failure to promote. It instructs the jury to consider both factors when determining liability and assessing any defense invoked by the employer, such as the same decision defense. The "same decision defense" mentioned in the instruction refers to the argument put forth by the employer that they would have made the same decision irrespective of the plaintiff's race or sex. It is a defense strategy often used to counter discrimination allegations and requires the jury to evaluate whether the employer can establish a legitimate non-discriminatory reason for their decision. Overall, the California Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense provides crucial guidance to the jury in cases involving allegations of race and/or sex discrimination related to discharge or failure to promote, ensuring a fair evaluation based on the relevant legal standards.