Mississippi Jury Instruction - 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge - Failure To Promote General Instruction

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-3-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Mississippi Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction is a set of instructions provided to the members of a jury in a civil rights discrimination case related to race discrimination. These instructions help guide the jury in understanding the legal principles and elements of the claim and assist them in reaching a fair and just verdict. This specific instruction addresses cases where an employee alleges that they have been discharged or not promoted due to race discrimination in violation of the Civil Rights Act, specifically Section 1981 of Title 42 of the United States Code (USC). The instruction emphasizes that race-based discrimination is unlawful, and the jury needs to carefully evaluate the evidence presented to determine if the plaintiff's claim is valid. The instruction may vary depending on the specific circumstances of the case and the arguments presented by both the plaintiff and defendant. However, the general content of this instruction covers the following key points: 1. Definition of race discrimination: The instruction explains that race discrimination occurs when an employer treats an employee unfavorably because of their race, color, or ethnicity. It highlights the importance of equal opportunity and emphasizes that race should not be a determining factor in employment decisions. 2. Elements of the claim: The instruction lists the essential elements the plaintiff needs to prove in order to establish their claim of race discrimination in employment discharge or failure to promote. These elements may include showing that the plaintiff is a member of a protected racial group, they were qualified for the position or promotion, they suffered an adverse employment action, and the employer's action was based on race. 3. Burden of proof: The instruction clarifies the burden of proof in such cases. The plaintiff has the initial burden to present evidence establishing a prima facie case of race discrimination. Once the plaintiff meets this burden, the burden then shifts to the defendant employer to provide a legitimate, non-discriminatory reason for the employment decision. 4. Evaluating the evidence: The instruction advises the jury to assess the credibility of the witnesses, evaluate the evidence presented, and consider any relevant facts or factors in order to determine if race discrimination played a substantial role in the employment discharge or failure to promote. 5. Standard of Proof: The instruction informs the jury that the plaintiff must prove their claim by a preponderance of the evidence, meaning they must present more evidence supporting their claim than the defendant presents to refute it. It clarifies that this is a lower standard of proof compared to "beyond a reasonable doubt" required in criminal cases. It's important to note that the content of Mississippi Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction may vary depending on updates to the law or specific court rulings. Therefore, anyone uses or referring to this instruction should consult the official instruction provided by the court to ensure accuracy and relevance.