Idaho Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction: This instruction pertains to cases in which an employee alleges race discrimination under the Civil Rights Act of 1964, specifically Section 1981, regarding discharge or failure to promote in the employment context. The instruction guides the jury in understanding the legal elements and standards that apply in such cases. Key points covered in this Idaho Jury Instruction include: 1. Discrimination based on race: The instruction explains that under the Civil Rights Act, it is illegal for employers to discriminate against employees based on their race. In cases of discharge or failure to promote, race discrimination is a central concern. 2. Prima facie case of discrimination: This instruction outlines the requirements for establishing a prima facie case of race discrimination. It explains that the plaintiff must prove that they belonged to a racial minority, were qualified for the position or job opportunity, experienced an adverse employment action (like discharge or failure to promote), and that similarly situated individuals outside their racial group were treated more favorably. 3. Employer's legitimate non-discriminatory reason: The instruction also addresses the employer's burden of proof. If the plaintiff succeeds in establishing a prima facie case, the burden shifts to the employer to provide a legitimate, non-discriminatory reason for their actions. The instruction explains that the employer's reason must be credible and unrelated to the plaintiff's race. 4. Pretext and discrimination: This instruction clarifies that if the employer's reason is deemed pretextual — meaning it is shown to be false or insufficiently justified — the jury can infer that race discrimination was a motivating factor in the discharge or failure to promote. Different types of Idaho Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction may include: 1. Specific Instruction for Discharge: This variant of the instruction would focus specifically on claims related to wrongful discharge based on race discrimination under Section 1981 of the Civil Rights Act. 2. Specific Instruction for Failure to Promote: This variant would provide detailed guidance for cases involving allegations of race discrimination in the context of a failure to promote an employee, emphasizing the standards and elements specific to such cases. These variations may be necessary to address the unique legal elements and considerations that may arise when the alleged discriminatory action is either a discharge or a failure to promote. However, the general instruction outlined above serves as a foundation for both types.