Oregon 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 cases involving race discrimination in employment discharge or failure to promote as prohibited under the Civil Rights Act's Section 1981 (42 USC Sect.1981). This instruction outlines the elements that jurors must consider when evaluating such cases and emphasizes the importance of race-neutral employment decisions. In cases where employees claim racial discrimination in discharge (termination) or failure to promote, this instruction helps the jury understand the legal standards and principles involved. It ensures that jurors appropriately assess whether the employer's actions were motivated by race, or if there were legitimate, non-discriminatory reasons for the employment decisions. The primary elements covered in this general instruction may include, but are not limited to: 1. Burden of proof: The instruction acquaints the jury with the burden of proof, which lies with the plaintiff (the employee asserting the race discrimination claim). The plaintiff must convince the jury, by a preponderance of the evidence, that race was a motivating factor in the employment discharge or failure to promote. 2. Motivating factor: The instruction clarifies that the plaintiff need not prove that race was the sole reason for the adverse employment action. It is sufficient to establish that race played a significant role (motivating factor) in the employer's decision. 3. Legitimate, non-discriminatory reasons: This instruction instructs the jury to recognize that employers may have legitimate, non-discriminatory reasons for their actions, such as performance issues or qualifications. The jury should consider whether these reasons were pretextual or a cover-up for race discrimination. 4. Discriminatory intent: In line with the Civil Rights Act, the instruction highlights that the jury should not presume race discrimination. Instead, they must determine whether the employer had a discriminatory intent based on the specific evidence presented during the trial. 5. Impact of race: The instruction emphasizes that race must have been a substantial factor directly influencing the employer's decision-making process. The jury must evaluate if the evidence supports this claim. It is important to note that the breakdown of additional specific types of Oregon Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction may vary based on individual cases and the specific factual circumstances presented. The mentioned elements, however, are crucial to categorize this instruction as a general guideline in race discrimination cases related to discharge or failure to promote under the Civil Rights Act.