Hawaii Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a legal instruction given to the jury in cases that involve allegations of race and/or sex discrimination relating to discharge or failure to promote. This instruction guides the jury in understanding the elements and defenses related to such claims. Race and sex discrimination in the workplace is prohibited by law, and employees who are subjected to discrimination may seek legal remedies. This specific jury instruction focuses on cases where an employee is claiming that they were discharged from their job or denied a promotion based on their race or sex. It also addresses the defense known as the "same decision defense." The "same decision defense" asserts that the employer made the employment decision based on legitimate and non-discriminatory reasons, unrelated to race or sex. This defense attempts to show that the employer had valid reasons, such as qualifications, performance, or other factors, to justify their decision and that it was consistent with decisions made for other employees in similar circumstances. When applying this instruction, the jury would carefully consider the evidence presented by both the plaintiff and the defendant. They would evaluate whether there is sufficient proof of discriminatory intent based on race or sex in the employment decision. The jury would also assess whether the employer's defense of the "same decision defense" is valid and supported by credible evidence. Different types of Hawaii Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense can vary based on specific circumstances and situations. These variations may arise from the nature of the alleged discrimination, the industry, or other relevant factors. However, the core elements of proving discrimination and the principles of the "same decision defense" generally remain consistent. Overall, this jury instruction is a crucial component in legal proceedings related to race and sex discrimination in employment cases. It provides guidance to help the jury understand their role in evaluating the evidence and determining whether the plaintiff's claims of discrimination have been substantiated, while also considering the employer's defenses, including the "same decision defense."