The Franklin Ohio Jury Instruction 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a legal instruction provided to jurors in cases involving allegations of race and/or sex discrimination leading to termination or failure to promote an individual. This instruction helps jurors understand the legal standards and considerations involved in such cases. The key elements of this instruction are: 1. Race And Or Sex Discrimination Discharge: This component focuses on situations where an employee is terminated based on their race or sex. It instructs the jury to consider whether the employer's actions were motivated by discriminatory intent or if there is evidence to support a claim of discriminatory discharge. 2. Failure To Promote: This part of the instruction addresses situations where an employee contends that they were passed over for a promotion based on race or sex discrimination. It instructs the jury to examine the evidence regarding the decision-making process and determine whether discrimination played a role in the denial of a promotion. 3. Same Decision Defense: The same decision defense is an argument made by the employer claiming that even if the employee's race or sex was a factor in the employment decision, the same decision would have been made regardless of the discriminatory motive. This instruction guides the jury on how to evaluate this defense and assess its validity. In Franklin Ohio, there might be slight variations or alternate versions of this instruction depending on the specific case and circumstances. The overall objective remains the same — to provide jurors with a comprehensive understanding of the legal elements involved in race and/or sex discrimination cases related to discharge and failure to promote.