Vermont Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction is a legal instruction guide that provides guidance to the jury in cases related to race discrimination in employment discharge or failure to promote. This instruction is specifically designed to address claims under the Civil Rights Act 42 USC Sect.1981, which prohibits race discrimination in employment practices. This general instruction highlights the key elements and legal standards that the jury should consider when assessing a claim brought under this provision. It serves as a roadmap to help jurors navigate through the complex legal issues involved in a race discrimination case. The instruction begins by defining the essential terms and concepts related to race discrimination and employment discharge or failure to promote. It explains that under the Civil Rights Act 42 USC Sect.1981, it is unlawful for an employer to discriminate against an employee because of their race with respect to discharge or failure to promote. The instruction then outlines the burdens of proof on the plaintiff and defendant. It clarifies that the plaintiff bears the initial burden of proving by a preponderance of the evidence that race was a motivating factor in the defendant's decision to discharge or not promote the employee. Once the plaintiff demonstrates this, the burden shifts to the defendant to show by clear and convincing evidence that they would have taken the same action even without considering the plaintiff's race. The Vermont Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction also highlights that the jury should consider relevant circumstantial evidence, such as discriminatory remarks or actions, statistical disparities, or any other evidence indicating discriminatory intent or impact. Overall, this instruction provides jurors with the necessary legal framework to analyze and determine the presence of race discrimination in employment discharge or failure to promote claims under the Civil Rights Act 42 USC Sect.1981. It ensures that the jury is aware of the applicable law and standards to make an informed decision based on the evidence presented in the case. Different types of Vermont Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction may exist depending on the specific circumstances of the case, such as variations in evidence, legal theories, or other factual scenarios. It is essential for the jury to receive instructions tailored to the specific issues presented in each case to ensure fairness and accuracy in the trial process.