Bexar Texas Jury Instruction 1.2.1 Race and/or Sex Discrimination Discharge-Failure to Promote including Same Decision Defense is a jury instruction pertaining to cases of workplace discrimination based on race and/or sex in Bexar County, Texas. This instruction outlines the legal principles for plaintiffs and defendants involved in a lawsuit concerning discharge or failure to be promoted due to discrimination. The instruction emphasizes the importance of considering race and/or sex discrimination in employment decisions, particularly discharge and failure to promote. It guides the jury on evaluating whether the plaintiff's protected characteristics (race and/or sex) were a motivating factor in the employer's decision and whether the same decision would have been made absent any discriminatory factors. In order to prove their case, the plaintiff must provide evidence that their race and/or sex was a substantial motivating factor in the employer's decision to discharge or not promote them. The instruction also explains that the employer can introduce the same decision defense, which asserts that the decision would have been made regardless of any discriminatory factors. This jury instruction ensures that the jury has a clear understanding of the legal framework surrounding race and/or sex discrimination cases related to discharge or failure to promote. It allows them to weigh the evidence presented by both the plaintiff and the defendant in order to reach a fair and just verdict. While this description specifically mentions discharge and failure to promote, it is important to note that variations of Bexar Texas Jury Instruction 1.2.1 may exist to cover other types of workplace discrimination, such as hiring or unequal pay. However, specific descriptions of these variations were not provided.