San Diego California Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense is a legal instruction that provides guidance for cases where an employee claims to have been subjected to discriminatory discharge or failure to be promoted due to their race or sex. This instruction helps jurors understand the legal standards and principles related to such claims in the context of San Diego, California. The main objective of this instruction is to educate jurors on the elements required to establish a claim of race or sex discrimination in the workplace, specifically focusing on discharge or failure to promote. It emphasizes the importance of considering evidence related to discriminatory motives, acts, or practices by the employer against the employee based on their race or sex. The "same decision defense," which is often raised by employers, refers to the argument that the employee would have been treated the same way even in the absence of any discriminatory motive or act. This defense claims that the employer's decision was based on legitimate, non-discriminatory reasons, such as the employee's qualifications, skills, or performance. Different types or variations of San Diego California Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense may include but are not limited to: 1. Direct evidence cases: These cases involve clear and unambiguous evidence of discriminatory motives or acts by the employer against the employee based on their race or sex. Jurors are instructed to consider this evidence when evaluating the plaintiff's claim. 2. Circumstantial evidence cases: These cases involve more indirect evidence, where the discriminatory motives or acts may not be explicitly stated but can be inferred based on the circumstances of the plaintiff's discharge or failure to promote. 3. Mixed-motive cases: These cases involve situations where both legitimate and discriminatory motives contribute to the employer's decision. Jurors are instructed to consider whether the employee's race or sex was a motivating factor in the employer's decision, even if other factors played a role as well. Through San Diego California Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense, jurors gain a better understanding of the legal principles involved in race and sex discrimination cases related to discharge and failure to promote. It enables them to objectively evaluate the evidence presented and make informed decisions based on the law and the facts of the case.