Utah Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a legal instruction that provides guidance to jurors when considering cases involving allegations of race and/or sex discrimination leading to discharge or failure to promote. This instruction specifically focuses on cases where the defendant argues the "Same Decision Defense," claiming that the adverse employment action was not motivated by unlawful discrimination, but rather a legitimate business decision. The Same Decision Defense is often raised in cases where there is evidence to suggest that the plaintiff was treated similarly to other employees who were not members of the protected class, yet suffered the same adverse employment action. The defendant argues that this evidence proves lack of discriminatory intent, as the decision was made based on legitimate business factors. This jury instruction serves to educate the jurors on the legal standards and principles applicable to the case. It helps them understand the elements of race and/or sex discrimination, discharge, failure to promote, and how the Same Decision Defense works. Jurors will be instructed to carefully assess the evidence presented to determine if the defendant has successfully proven that the adverse employment action was not motivated by race and/or sex discrimination. It is important to note that there may be variations or additional instructions related to Utah Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense, depending on the specific circumstances of each case. For example, there might be separate instructions for cases involving discharge versus failure to promote, or for cases involving different protected classes such as race, sex, ethnicity, or religion. Overall, Utah Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense provides necessary guidance to the jury in understanding the legal requirements and evaluating the evidence presented in cases involving allegations of discrimination leading to discharge or failure to promote.