Tennessee Jury Instruction - 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge - Failure To Promote General Instruction

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-3-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Tennessee Jury Instruction 1.3.1: Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction In Tennessee, the jury instruction 1.3.1 provides guidance on the Civil Rights Act 42 USC Sect.1981 regarding race discrimination in employment discharge, specifically focusing on the failure to promote. This instruction aims to ensure fair treatment and equal opportunities for employees regardless of their race or ethnicity. Under this instruction, jurors are informed about the legal protections granted by the Civil Rights Act 42 USC Sect.1981 in cases concerning race discrimination. It emphasizes that individuals have the right to be free from any adverse employment action, such as discharge or failure to promote, solely based on their race or skin color. The instruction highlights the importance of evaluating the evidence based on race discrimination elements. It educates jurors about the employer's burden of proof, which requires them to show that the promotion decision was not motivated by race discrimination, but rather by legitimate non-discriminatory factors. To prove a claim of race discrimination in a failure to promote case, the instruction suggests that the plaintiff (the employee bringing the lawsuit) must establish the following elements: 1. The plaintiff belongs to a protected racial group. 2. The plaintiff applied and was qualified for the promotion. 3. Despite being qualified, the plaintiff was not promoted. 4. The promotion was given to another individual outside the protected racial group or qualifications. 5. The plaintiff suffered damages as a result of the failure to promote. Additionally, the instruction may include information regarding the employer's defenses, which could involve providing a legitimate non-discriminatory reason for the failure to promote. It advises jurors to consider all evidence and weigh the credibility of witnesses to make an informed decision. Types of Tennessee Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instructions: 1. Standard Instruction: This is the base instruction provided to jurors, explaining the general guidelines and elements of a race discrimination case involving a failure to promote. 2. Modified Instruction: Depending on the specific facts and circumstances of the case, variations of the base instruction may be used to address any unique aspects or additional elements that need to be considered. 3. Juror Note: In some instances, a supplementary juror note may be added to provide further clarification or emphasize certain key points, ensuring the jury fully comprehends the intricacies involved in race discrimination claims related to failure to promote. Overall, the Tennessee Jury Instruction 1.3.1 serves as a comprehensive tool designed to educate jurors on the fundamentals of race discrimination in employment discharge cases regarding the failure to promote, empowering them to make fair and unbiased decisions based on the evidence presented.