Wisconsin Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense The Wisconsin 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 the jury in cases related to racial or sexual discrimination leading to discharge or failure to promote, including the consideration of the same decision defense. In cases where an employee claims that they were fired or not promoted due to their race or sex, this instruction allows the jury to assess the evidence and make a fair determination. The instruction focuses on the same decision defense, which argues that the employer's decision was based on legitimate factors unrelated to race or sex and that the decision would have been the same regardless of the employee's protected characteristic. The instruction helps the jury understand the elements required to prove race or sex discrimination, such as the plaintiff's membership in a protected class, adverse employment action (e.g., discharge or failure to promote), and evidence indicating that the employer's decision was motivated by the plaintiff's race or sex. The Wisconsin Jury Instruction — 1.2.1 also covers the same decision defense, which requires the employer to demonstrate that the decision to discharge or not promote the employee was based on nondiscriminatory reasons. If the employer can show that they would have made the same decision even if the employee had a different race or sex, this defense can potentially undermine the claim of discrimination. Different types of Wisconsin Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense may include specific variations based on the specific circumstances and facts of the case. For example, there may be different instructions depending on whether the discrimination claim is based solely on race, sex, or both. Additionally, variations might exist if the case involves federal or state laws, as the instructions could differ slightly to reflect relevant statutes and precedents. Overall, the Wisconsin Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense enables the jury to understand the legal framework surrounding allegations of race or sex discrimination leading to discharge or failure to promote, including the consideration of the same decision defense. The instruction ensures a fair evaluation of the evidence and helps the jury reach a just verdict based on the specific circumstances of the case.