Delaware Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense pertains to legal instructions provided to the jury during a trial involving allegations of race and/or sex discrimination leading to an unlawful discharge or failure to promote. These instructions are crucial in ensuring a fair and unbiased evaluation of the case. The Delaware Jury Instruction — 1.2.1 defines the concept of race and/or sex discrimination in discharge and failure to promote, specifically focusing on the application of the "same decision" defense. The "same decision" defense is invoked when the defendant, typically the employer, argues that the adverse employment action (discharge or failure to promote) was not based on discriminatory factors such as race or sex, but rather on legitimate non-discriminatory reasons. This defense asserts that even if the employee is a member of a protected class, the decision to discharge or deny promotion was made for reasons unrelated to their race or sex. Key elements covered in Delaware Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense may include: 1. Definition of racial and/or sex discrimination: The instruction will provide a comprehensive explanation of what constitutes discriminatory actions based on race or sex, highlighting the importance of treating employees fairly regardless of their protected characteristics. 2. Explanation of discharge and failure to promote: The instruction will outline the legal meanings of these terms, emphasizing that termination or missed promotion opportunities can have legal implications. 3. Burden of proof: The instruction will clarify the burden of proof, with the plaintiff being responsible for demonstrating that they suffered adverse employment actions due to race and/or sex discrimination. It might also inform the jury about the requirement to establish a prima facie case before the same decision defense can be applied. 4. Same decision defense: This section will explain the legal concept of the same decision defense, emphasizing that the defendant must show a legitimate non-discriminatory reason for the adverse employment action. The instruction may cite relevant case law and provide examples of acceptable justifications. Examples of different types of Delaware Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense: 1. Direct Evidence Case: If there is direct evidence supporting the allegations of race or sex discrimination in discharge or failure to promote, a specific instruction may be provided to guide the jury on evaluating such evidence. 2. Circumstantial Evidence Case: In instances where there are no direct evidence and the discrimination claim relies on circumstantial evidence, a different instruction might be necessary to assist the jury in assessing the facts and making inferences. 3. Mixed-Motive Case: If the case involves a mixed-motive claim, where both legitimate and discriminatory factors played a role in the adverse employment action, a unique instruction addressing the burden of proof and causation standard may be required. Delaware Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense enables the jury to comprehend the applicable legal principles, analyze the evidence presented, and make an unbiased determination regarding race and/or sex discrimination claims in the context of employment discharge or promotion denials.