Harris Texas Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense, provides a comprehensive guideline for judges to instruct the jury on relevant legal matters pertaining to cases involving race and/or sex discrimination in the context of discharge or failure to promote in Harris County, Texas. This instruction focuses on potential discrimination instances where an employee has been terminated or denied a promotion based on their race or sex. It outlines the necessary elements that the plaintiff must establish in order to prove their case, and it addresses the "same decision defense," which is a strategy commonly used by defendants to argue that the same outcome would have occurred regardless of any discriminatory factors. The following are key points covered within Harris Texas Jury Instruction — 1.2.1: 1. Race and/or Sex Discrimination: This instruction defines race and sex discrimination, explaining that it occurs when an individual is treated unfavorably or subject to adverse employment actions based on their race or sex. 2. Discharge or Failure to Promote: The instruction specifies that the case involves a claim of wrongful termination or denial of promotion due to race or sex discrimination. It outlines that the plaintiff must prove that their discharge or failure to promote was based on discriminatory motives, and not on legitimate, non-discriminatory grounds. 3. Elements of the Plaintiff's Burden of Proof: Harris Texas Jury Instruction — 1.2.1 outlines the elements that the plaintiff must establish to show discrimination, such as proving a protected characteristic (race or sex), demonstrating disparate treatment (unequal treatment compared to similarly situated individuals of another race or sex), establishing causation (showing that the discriminatory motive led to the adverse employment decision), and showing that the defendant's stated legitimate reason is merely a pretext. 4. Same Decision Defense: This instruction explains the same decision defense, which arises when the defendant argues that regardless of any discriminatory factors, the outcome (discharge or failure to promote) would have been the same. It clarifies that if the defendant can establish this defense, the plaintiff's claim of discrimination may not succeed. Different types or variations within Harris Texas Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense may include instructions tailored to specific circumstances, such as cases focusing on race or sex discrimination separately, or instructions adjusted to differing complexities of the cases presented. Overall, Harris Texas Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense provides a framework for the jury to understand the legal principles and elements required to evaluate a claim of race and/or sex discrimination in a discharge or failure to promote situation.