Illinois Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense: Illinois Jury Instruction 1.2.1 pertains to cases involving allegations of race and/or sex discrimination in employment, specifically related to discharge and failure to promote. This instruction addresses the "Same Decision Defense," which may be used by the defendant in such cases. The Same Decision Defense asserts that the employer made the same decision regarding promotion or discharge for reasons other than race or sex discrimination. It argues that the decision would have been made regardless of the employee's race or sex, based on legitimate and nondiscriminatory factors. There are different types of Illinois Jury Instruction 1.2.1, depending on specific circumstances and variations of the case. Some possible types may include: 1. Illinois Jury Instruction 1.2.1(a): Discharge — Same Decision Defense: This instruction provides guidance when the case involves an allegation of discrimination resulting in discharge. It outlines how the defendant can argue that the same decision would have been made regardless of race or sex. 2. Illinois Jury Instruction 1.2.1(b): Failure to Promote — Same Decision Defense: This applies when the case involves a claim of discrimination due to the failure to promote an employee. It explains how the defendant can assert that the same decision would have been made despite race or sex, based on legitimate reasons. 3. Illinois Jury Instruction 1.2.1(c): Combined Discharge and Failure to Promote — Same Decision Defense: In cases where both discharge and failure to promote claims are made, this instruction covers the defendant's ability to argue the same decision defense for both aspects of the case. 4. Illinois Jury Instruction 1.2.1(d): Race Discrimination — Same Decision Defense: This instruction narrows down the focus to cases specifically related to race discrimination, providing guidance on how the defendant can present the same decision defense based on race-neutral factors. 5. Illinois Jury Instruction 1.2.1(e): Sex Discrimination — Same Decision Defense: Similarly, this instruction is specific to cases of sex discrimination, explaining how the defendant can assert the same decision defense based on non-discriminatory factors. In conclusion, Illinois Jury Instruction 1.2.1 deals with allegations of race and/or sex discrimination in employment, specifically focusing on discharge and failure to promote cases. The Same Decision Defense allows the defendant to argue that the decision was made for reasons unrelated to race or sex discrimination. Different types of this instruction exist depending on the specific circumstances of the case, such as discharge only, failure to promote, or a combination of both, and differentiating between race and sex discrimination cases.