Nassau New York Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense In Nassau County, New York, Jury Instruction 1.2.1, pertaining to race and/or sex discrimination discharge and failure to promote, is a crucial legal guideline that provides detailed instructions to the jury regarding the evaluation of such cases. This instruction specifically focuses on instances where an employee claims that they were terminated or denied a promotion due to race and/or sex discrimination. The instruction addresses the concept of a "same decision defense," which refers to the employer's argument that the decision not to promote or to discharge the employee was based solely on legitimate, non-discriminatory reasons. The jury is informed that if they find enough evidence to support the employee's claims, the employer's same decision defense must be rejected. The following are different types of Nassau New York Jury Instruction 1.2.1 related to race and/or sex discrimination discharge and failure to promote, including the same decision defense: 1. Failure to Promote: This type of case focuses specifically on situations where an employee alleges they were unfairly denied a promotion due to race and/or sex discrimination. The instruction guides the jury on how to assess the evidence provided by both parties and determine whether discrimination played a role in the decision not to promote the employee. 2. Discharge: This type of case centers around an employee's termination from their position, alleging that it was motivated by race and/or sex discrimination. The jury instruction explains how to evaluate whether the evidence supports the claim, considering factors such as performance, conduct, and any potential discriminatory patterns. 3. Same Decision Defense: This defense asserts that the employer's decision to not promote or discharge the employee was made for legitimate, non-discriminatory reasons. The instruction instructs the jury on how to critically analyze the evidence presented by both sides to decide whether the employer's defense stands or is merely a pretext for discrimination. It is important to note that these are general descriptions of the types of Nassau New York Jury Instruction 1.2.1 concerning race and/or sex discrimination discharge and failure to promote, including the same decision defense. The precise details, standards, and guidelines may vary depending on the specific case, legal arguments, and evolving jurisprudence.