Phoenix, Arizona Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense: Explanation and Types In cases involving race and/or sex discrimination discharge and failure to promote, this particular jury instruction (1.2.1) is crucial in helping the jury understand the legal standards and their responsibilities in such cases. The instruction addresses the issue of whether an employer unlawfully discriminated against an employee or applicant based on their race and/or sex by discharging them or failing to promote them. The core concept of this instruction centers around the "Same Decision Defense," which suggests that if the employer can prove that they would have made the same employment decision even in the absence of any discriminatory motive, it could potentially be a valid defense against the allegations of race or sex discrimination. However, it is important to know that the Same Decision Defense can only be invoked if there is sufficient evidence to support the employer's claim that a non-discriminatory reason was indeed the basis for the decision. The jury must carefully consider the evidence presented by both parties and determine if the employer's actions were motivated by unlawful discrimination or by legitimate business-related factors. Types of Phoenix, Arizona Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense: 1. Race Discrimination Discharge: This scenario refers to situations where an employer allegedly terminated an employee solely based on their race. The instruction guides the jury on how to evaluate the evidence and determine if the employer's actions were motivated by race discrimination. 2. Sex Discrimination Discharge: In this context, the instruction helps the jury assess whether an employee's discharge was solely due to their sex. It requires the jury to examine the evidence provided by both parties to establish if the termination was motivated by sex discrimination. 3. Failure to Promote: This part of the instruction tackles cases where the employer allegedly denied an employee a promotion based on race and/or sex bias. The jury is instructed on how to analyze the evidence to establish whether the failure to promote was due to unlawful discrimination or legitimate business-related factors. 4. Same Decision Defense: As mentioned earlier, the Same Decision Defense is a crucial aspect of this instruction. It instructs the jury to consider whether the employer would have made the same employment decision even without any discriminatory motive. Overall, these types of Phoenix, Arizona Jury Instruction — 1.2.1 Race and/or Sex Discrimination Discharge — Failure to PromotIncludingin— - Same Decision Defense provides a framework for the jury to assess whether an employer unlawfully discriminated based on race or sex when discharging or failing to promote an employee. It ensures a fair evaluation of evidence and consideration of legitimate business-related justifications for employment decisions.