Oklahoma Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense: A Comprehensive Overview Introduction: Oklahoma Jury Instruction 1.2.1 addresses the issue of race and/or sex discrimination in the context of an employee's discharge or failure to get promoted. This instruction focuses on the specific legal aspects related to discrimination based on race and/or sex as it pertains to employment decisions. Within this framework, the instruction also outlines the "Same Decision Defense" as a potential justification for an employer's actions. Let's delve into the details, exploring key concepts and possible variations of this instruction. 1. Key Concepts: a. Discrimination: This instruction addresses unlawful discrimination based on race and/or sex as per employment laws, emphasizing that employers cannot discharge or refuse promotions on these grounds. b. Discharge: This refers to the termination of an employee's employment due to race and/or sex discrimination. c. Failure to Promote: This covers situations wherein employees are denied promotion opportunities solely due to race and/or sex discrimination. d. Same Decision Defense: A defense used by employers stating that the same decision regarding discharge or failure to promote would have been reached even without considering race and/or sex. 2. Variations of Oklahoma Jury Instruction 1.2.1: a. Oklahoma Jury Instruction 1.2.1 Dischargerg— - Race and/or Sex Discrimination: — This version of the instruction specifically deals with employment terminations arising from race and/or sex discrimination. b. Oklahoma Jury Instruction 1.2.1 — Failurpromoteot— - Race and/or Sex Discrimination: — This variation of the instruction focuses on race and/or sex discrimination leading to a denial of promotional opportunities. c. Oklahoma Jury Instruction 1.2.1 — Same Decision Defense— - This version zooms in on the employer's defense of having made the same decision even if race and/or sex were not considered, justifying discharge or failure to promote accordingly. 3. Analyzing Oklahoma Jury Instruction 1.2.1: a. Applicable Laws: — This instruction aligns with various federal and state laws, including the Civil Rights Act of 1964, which prohibits employment discrimination based on race and/or sex. b. Elements of Proof: — To establish a claim under this instruction, the plaintiff must demonstrate that race and/or sex discrimination was the motivating factor behind the discharge or failure to promote. c. Prima Facie Case: — Plaintiffs need to establish a prima facie case by showing that: (1) They are a member of a protected class (race and/or sex), (2) They were discharged or denied promotion, (3) The employer's actions were motivated by race and/or sex discrimination. d. Same Decision Defense: — Employers can invoke the "Same Decision Defense," arguing that even if race and/or sex were not considered, the same decision would have been made. e. Employer's Burden: — If the employer successfully raises the "Same Decision Defense," the burden shifts back to the plaintiff who must demonstrate that the asserted defense is mere pretext and that discrimination was, in fact, the cause for the adverse employment action. Conclusion: Oklahoma Jury Instruction 1.2.1 — Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense provides crucial guidance when it comes to addressing cases involving race and/or sex discrimination in employment decisions. By understanding the key concepts, variations, and legal requirements associated with this instruction, it becomes easier to comprehend the complexities of such cases and evaluate the relevant evidence effectively.