Florida Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a set of instructions that provide guidance to jurors in cases involving allegations of race and/or sex discrimination resulting in discharge from employment or failure to promote, specifically addressing the same decision defense. The instruction aims to educate jurors on the legal standards, burdens of proof, and considerations relevant to these types of discrimination claims. The Florida Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is designed to ensure that jurors have a clear understanding of the key elements of a case involving allegations of discrimination. The instruction outlines the essential principles, legal standards, and evidentiary requirements that must be met by the plaintiff to establish a claim of race or sex discrimination. Key points covered in the Florida Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense includes the burden of proof, which rests initially on the plaintiff to establish a prima facie case of discrimination. The instruction further explains that if the plaintiff satisfies this burden, the defendant can then assert a same decision defense. The same decision defense asserts that the employer's actions were not motivated by discriminatory intent but rather based on legitimate, non-discriminatory factors such as qualifications, experience, or performance. The defendant must prove by a preponderance of the evidence that the same decision would have been made regardless of the plaintiff's race or sex. This defense aims to rebut the inference of discrimination arising from the prima facie case made by the plaintiff. It is important to note that while the instruction refers to the same decision defense, there may not be specific subtypes or variations of this instruction. In summary, the Florida Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a comprehensive guideline provided to jurors to ensure they have a thorough understanding of the legal standards, burdens of proof, and considerations in evaluating claims of race and/or sex discrimination involving discharge from employment or failure to promote. The instruction explains the same decision defense, which allows the defendant to argue that their actions were based on legitimate factors unrelated to discrimination.