New York 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. New York Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction provides guidance to the jury in a civil rights case involving race discrimination in employment discharge or failure to promote. This instruction outlines the necessary elements, standards of proof, and burden of proof that the plaintiff must establish in order to succeed in their claim of race discrimination. Keywords: New York, Jury Instruction, 1.3.1, Civil Rights Act, 42 USC Sect.1981, Race Discrimination, Employment Discharge, Failure To Promote, General Instruction. This general instruction may be further divided into different types or sections based on various aspects related to the case. Some of these types or sections may include: 1. Elements of Race Discrimination: This section defines the essential elements required to prove race discrimination in an employment discharge or failure to promote case. It explains that the plaintiff must show they belong to a protected race or ethnicity, they were qualified for the position in question, they suffered an adverse employment action (discharge or failure to promote), and that this action occurred because of their race. 2. Burden of Proof: This section clarifies the burden of proof that rests with the plaintiff. It explains that the plaintiff has the initial burden of establishing a prima facie case of race discrimination. Once the plaintiff presents sufficient evidence, the burden of proof then shifts to the defendant, who must provide a legitimate, nondiscriminatory reason for the employment action. The plaintiff must then show that the reason provided by the defendant is merely a pretext for race discrimination. 3. Standard of Proof: This section explains the standard of proof required for the plaintiff to prevail in their claim. It typically states that the plaintiff must prove their case by a preponderance of the evidence — meaning that it is more likely than not that the defendant engaged in race discrimination. 4. Jury's Consideration of Evidence: This section instructs the jury on how to evaluate the evidence presented during the trial. It emphasizes that the jury must carefully consider all the evidence, including direct and circumstantial, and make factual determinations based on the weight and credibility of each piece of evidence. 5. Damages: This section may address the damages available to the plaintiff if they are successful in proving race discrimination. It may discuss compensatory damages, which aim to compensate the plaintiff for their economic and non-economic losses, as well as potential punitive damages, which are intended to punish the defendant for their discriminatory actions. These are some potential types or sections that may be encompassed within the New York Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction. The specific content and structure of the instruction may vary depending on the case and the judge's discretion.

New York Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction provides guidance to the jury in a civil rights case involving race discrimination in employment discharge or failure to promote. This instruction outlines the necessary elements, standards of proof, and burden of proof that the plaintiff must establish in order to succeed in their claim of race discrimination. Keywords: New York, Jury Instruction, 1.3.1, Civil Rights Act, 42 USC Sect.1981, Race Discrimination, Employment Discharge, Failure To Promote, General Instruction. This general instruction may be further divided into different types or sections based on various aspects related to the case. Some of these types or sections may include: 1. Elements of Race Discrimination: This section defines the essential elements required to prove race discrimination in an employment discharge or failure to promote case. It explains that the plaintiff must show they belong to a protected race or ethnicity, they were qualified for the position in question, they suffered an adverse employment action (discharge or failure to promote), and that this action occurred because of their race. 2. Burden of Proof: This section clarifies the burden of proof that rests with the plaintiff. It explains that the plaintiff has the initial burden of establishing a prima facie case of race discrimination. Once the plaintiff presents sufficient evidence, the burden of proof then shifts to the defendant, who must provide a legitimate, nondiscriminatory reason for the employment action. The plaintiff must then show that the reason provided by the defendant is merely a pretext for race discrimination. 3. Standard of Proof: This section explains the standard of proof required for the plaintiff to prevail in their claim. It typically states that the plaintiff must prove their case by a preponderance of the evidence — meaning that it is more likely than not that the defendant engaged in race discrimination. 4. Jury's Consideration of Evidence: This section instructs the jury on how to evaluate the evidence presented during the trial. It emphasizes that the jury must carefully consider all the evidence, including direct and circumstantial, and make factual determinations based on the weight and credibility of each piece of evidence. 5. Damages: This section may address the damages available to the plaintiff if they are successful in proving race discrimination. It may discuss compensatory damages, which aim to compensate the plaintiff for their economic and non-economic losses, as well as potential punitive damages, which are intended to punish the defendant for their discriminatory actions. These are some potential types or sections that may be encompassed within the New York Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction. The specific content and structure of the instruction may vary depending on the case and the judge's discretion.