Colorado Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense Explanation: The Colorado Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense is a legal guideline provided to jurors in Colorado when deliberating a case that involves allegations of race and/or sex discrimination leading to either discharge from employment or failure to promote. This instruction specifically covers situations where the defendant claims that their decision was made solely based on legitimate non-discriminatory reasons. Keywords: Colorado Jury Instruction, Race and/or Sex Discrimination, Discharge, Failure to Promote, Same Decision Defense. The Colorado Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense helps the jury understand the legal elements required to assess whether treatment based on race and/or sex discrimination contributed to adverse employment actions. It provides guidance on evaluating the presence of discrimination and determining if the defendant's same decision defense is valid. In cases where a plaintiff alleges race and/or sex discrimination in their employment discharge or failure to promote, this instruction aids the jury in considering whether the evidence presented supports their claim. It emphasizes the importance of identifying discriminatory factors and distinguishing them from legitimate reasons for the employment decision, as asserted by the defendant. This Colorado jury instruction also guides the jury in assessing the credibility of the evidence presented by both the plaintiff and the defendant. It reminds jurors to consider the overall context of the case, including supporting documents, testimonies, and relevant workplace policies or procedures. Variations or types of Colorado Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense may include different levels of scrutiny, such as: 1. Strict scrutiny: When the court applies strict scrutiny, it means that the jury must carefully analyze the defendant's same decision defense and requires the defendant's reasons to be compelling and narrowly tailored to meet the employer's interests. 2. Intermediate scrutiny: This level of scrutiny requires the jury to evaluate the same decision defense using an intermediate standard. The defendant must demonstrate that the proffered reasons were significantly related to the employer's legitimate objectives. 3. Rational basis review: In certain instances, the court might apply the rational basis review standard. This standard requires the defendant to prove that race and/or sex were not a motivating factor in the employment decision and that the decision was based on legitimate non-discriminatory reasons. Overall, the Colorado Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense provides vital guidance for jurors in cases involving allegations of race and/or sex discrimination in employment discharge or failure to promote. It ensures that the jury considers all relevant factors, scrutinizes the defendant's same decision defense, and delivers a fair and impartial verdict based on the evidence presented in court.