New Mexico Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense: This New Mexico jury instruction, 1.2.1, deals with cases involving allegations of race and/or sex discrimination leading to discharge or failure to promote. This instruction specifically addresses the "Same Decision Defense." The Same Decision Defense is an argument used by the defendant to demonstrate that the decision to discharge or not promote the plaintiff was not motivated by race or sex discrimination. It asserts that the defendant's actions were based on legitimate, non-discriminatory factors such as qualifications, performance, or business needs. It aims to show that the decision would have been the same regardless of race or sex. The jury instruction outlines the legal standards and principles that apply to these types of cases, providing guidance to the jury in determining whether race or sex discrimination played a role in the discharge or promotion decision. It highlights the importance of evaluating evidence, assessing credibility, and applying legal instructions to reach a fair and just verdict. Key phrases and concepts related to this instruction include: 1. Race discrimination 2. Sex discrimination 3. Discharge based on race or sex discrimination 4. Failure to promote based on race or sex discrimination 5. Same Decision Defense 6. Non-discriminatory factors 7. Legitimate business reasons 8. Legal standards for determining discrimination 9. Evaluating evidence 10. Credibility assessment Types of New Mexico Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense: 1. Discharge — Failure to promote due to race discrimination Same Decision Defense. 2. Discharge — Failure to promote due to sex discrimination Same Decision Defense. It is important for the jury to fully understand the legal principles and nuances of the same decision defense in cases involving race or sex discrimination discharge or failure to promote. This instruction plays a vital role in ensuring a fair and just assessment of the evidence and reaching an unbiased verdict.