Oregon Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a legal instruction applied in cases where an employee alleges that they were terminated or denied a promotion based on their race or sex. This instruction 1.2.1 deals specifically with a defense known as the "Same Decision Defense". The purpose of this instruction is to guide the jury in understanding the relevant legal standards and principles that should be considered when evaluating a claim of race or sex discrimination in employment. The Same Decision Defense is a defense strategy used by employers to argue that the adverse employment action, such as termination or failure to promote, was not discriminatory but based on legitimate and non-discriminatory reasons. The defense asserts that the employer would have made the same decision irrespective of the employee's race or sex. Oregon Jury Instruction — 1.2.1 provides guidance on how the jury should analyze and evaluate this defense. When considering this instruction, the jury should carefully examine the evidence presented by both the plaintiff and the defendant. The jury needs to determine whether the plaintiff has provided sufficient evidence to establish a prima facie case of discrimination based on race or sex. If the plaintiff can establish a prima facie case, the burden then shifts to the defendant to articulate a legitimate, non-discriminatory reason for the adverse employment action. The jury should consider various factors while evaluating the Same Decision Defense. These factors may include the presence or absence of discriminatory statements or actions by the employer, any statistical evidence regarding the demographics of the workplace, employment practices, and any evidence of a pattern of discriminatory conduct. The jury should also consider any evidence presented by the defendant that directly supports their claim of a legitimate reason for the employment decision. It is important to note that this description specifically focuses on Oregon Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense. There may be other instructions related to race and sex discrimination discharge or failure to promote that are not covered here. The specific names of these instructions may vary depending on the jurisdiction and the specific case being litigated.