Tennessee Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense The Tennessee Jury Instruction 1.2.1 addresses the issue of race and/or sex discrimination in cases of discharge or failure to promote. This instruction is significant in civil litigation cases where an employee alleges that they were terminated or denied a promotion on the basis of their race and/or sex. The instruction highlights the important legal principles that the jury must consider when assessing such cases. It guides the jury on the burden of proof and the elements necessary to establish a claim for race and/or sex discrimination in discharge or failure to promote cases. The same decision defense allows the employer to argue that they would have made the same decision regardless of the employee's race or sex. It offers the employer an opportunity to present evidence supporting their claim that the termination or failure to promote was based on legitimate, non-discriminatory factors. For example, an employer might argue that the decision was based on poor performance, lack of qualifications, or economic downturn rather than race or sex discrimination. Different types of Tennessee Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense may include: 1. Implicit bias instruction: This type of instruction educates the jury about unconscious biases that may impact decision-making processes, intentionally or unintentionally, influencing race and/or sex discrimination. It emphasizes the need to consider these biases when evaluating a claim. 2. Prima facie case: This instruction explains the elements required for the plaintiff (the employee) to establish a prima facie case of race and/or sex discrimination. These elements may include showing that the employee belongs to a protected class (e.g., race, sex), that they were qualified for the position or met the required qualifications, that they suffered an adverse employment action (termination or failure to promote), and that similarly situated individuals outside the protected class were treated more favorably. 3. Pretext instruction: This instruction discusses the concept of pretext, emphasizing that the plaintiff must prove that the employer's stated reason for the adverse employment action is false or merely a pretext for discrimination. It guides the jury on considering whether the employer's rationale was legitimate or a cover-up for discriminatory intent. 4. Jury's evaluation: This instruction instructs the jury on how to evaluate the evidence presented by both the employee and the employer. It encourages the jury to analyze the credibility of witnesses, assess the weight of evidence, and make a determination based on the preponderance of evidence standard. It is important to note that the specific types of instructions may vary in different jurisdictions or based on the facts of the case. Therefore, attorneys and legal professionals should consult the appropriate jurisdiction's jury instructions or precedents for the most accurate and up-to-date information.