Chicago Illinois Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense This Chicago Illinois jury instruction, 1.2.1, specifically addresses cases involving race and/or sex discrimination in discharge and failure to promote scenarios. It includes a defense known as the "same decision defense." This instruction plays a crucial role in ensuring fair and equal treatment of individuals in the workplace. Let's delve deeper into the details and explore different types of this jury instruction. Overview: In discrimination cases based on race and/or sex, where an employee claims wrongful discharge or failure to promote, this jury instruction is provided to guide jurors on establishing liability and defenses available to the employer. It is vital to understand that this instruction pertains specifically to cases involving discriminatory practices related to race and/or sex. Failure to Promote — Discrimination: This instruction addresses situations in which an employee alleges that they were denied a promotion due to their race and/or sex. Jurors are instructed to evaluate the evidence presented by both parties and determine if the employee's race and/or sex indeed played a significant role in the employer's decision. Discharge — Discrimination: In cases where an employee believes they were wrongfully terminated based on race and/or sex, this instruction aids in establishing liability. Jurors must assess the evidence and determine whether the employer's decision to discharge the employee was primarily motivated by discriminatory reasons. Same Decision Defense: The "same decision defense" is an affirmative defense available to employers in race and/or sex discrimination cases involving discharge or failure to promote claims. It asserts that the employer would have made the same decision regardless of the employee's race and/or sex, based purely on legitimate non-discriminatory factors. Jurors must examine the evidence presented by the employer to determine the validity of this defense. Different Types of Chicago Illinois Jury Instruction 1.2.1: While the instruction number remains the same, there may be different versions or variations of this instruction depending on the specific circumstances and details of the discrimination case. Each case is unique, and the instruction's application may slightly differ based on the presented evidence, allegations, and applicable legal standards. Conclusion: Chicago Illinois Jury Instruction 1.2.1 is a crucial component of race and/or sex discrimination cases involving discharge or failure to promote claims. It guides jurors in assessing the liability of the employer and considering affirmative defenses such as the "same decision defense." The instruction ensures fair and unbiased evaluations of the evidence presented and plays a significant role in the pursuit of justice and equal opportunities in the workplace.