South Carolina Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense: In South Carolina, employers are legally required to provide equal opportunities for all employees and prohibit discrimination based on race and/or sex. When a discrimination claim arises from an employee's discharge or failure to promote, South Carolina Jury Instruction 1.2.1 comes into play. This instruction provides guidance to a jury in understanding the legal standards and requirements that need to be met when evaluating such claims. The purpose of the South Carolina Jury Instruction 1.2.1 is to address situations where an employee alleges that they were either unjustly discharged or denied a promotion due to race and/or sex discrimination. This instruction covers two key elements: the failure to promote claim and the discharge claim. The first type of claim covered by this instruction is the failure to promote claim. It asserts that an employee was eligible for a promotion, but the employer unlawfully denied it to them based on their race and/or sex. South Carolina Jury Instruction 1.2.1 outlines the factors that should be considered by the jury when determining if race and/or sex discrimination played a role in the employer's decision-making process. The second type of claim addressed is the discharge claim. It refers to situations where an employee alleges that they were terminated from their position due to race and/or sex discrimination. The South Carolina Jury Instruction 1.2.1 helps the jury understand the legal standards to be applied and the evidence required to prove such a claim. Furthermore, this instruction introduces the "same decision defense." The same decision defense argues that the employer would have made the same decision (discharge or failure to promote) regardless of the employee's race and/or sex. The purpose of this defense is to show that the employer had legitimate reasons for their actions and that discrimination did not play a role in the decision-making process. The South Carolina Jury Instruction 1.2.1 emphasizes the need for the jury to carefully evaluate the evidence presented, including any relevant facts, witnesses, and testimony. It provides a framework for the jury to analyze the case, ensuring that the claimant's rights are protected and that employers are held accountable for any discriminatory practices. In summary, South Carolina Jury Instruction 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a vital guideline used in South Carolina courts to help the jury evaluate claims of race and/or sex discrimination in cases of discharge and failure to promote.