Suffolk New York Jury Instruction - 1.2.1 Race And Or Sex Discrimination Discharge - Failure To Promote Including - Same Decision Defense

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• County: Suffolk
• Control #: US-11CF-1-2-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Suffolk New York Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense: In Suffolk County, New York, the Jury Instruction 1.2.1 addresses cases related to race and/or sex discrimination in employment, specifically focusing on discharge and failure to promote situations. This instruction is crucial in guiding the jury through the legal considerations and evidence required to determine whether an employee was subjected to discrimination based on their race or sex. Race and sex discrimination can manifest in various ways within the workplace. One particular scenario covered by this instruction is when an employee is wrongfully terminated or discharged based on their race or sex. Employers are legally prohibited from firing or terminating an employee solely due to their race or gender. Furthermore, this jury instruction also applies to situations where an employee is denied a promotion due to their race or sex. If an individual with the required qualifications and experience is overlooked for a promotion solely because of their race or gender, it constitutes discrimination. This instruction ensures that the jury understands the legal principles surrounding this issue. The specific defense known as "same decision defense" is also mentioned in this jury instruction. This defense is presented by the employer to argue that even without considering an employee's race or sex, the same decision regarding discharge or failure to promote would have been made. In other words, the employer claims that race or sex played no role in the employment decision and that the outcome would have been the same regardless. It's important for the jury to weigh the evidence provided by both the plaintiff and defendant in determining whether race or sex discrimination occurred. Factors such as past employment records, performance evaluations, documented incidents, and witness testimonies play a significant role in the decision-making process. In summary, Suffolk New York Jury Instruction — 1.2.1 Race And Or Sex Discrimination Discharge — Failure To PromotIncludingin— - Same Decision Defense addresses cases related to race and/or sex discrimination in employment. It provides guidance to the jury on evaluating evidence and determining whether an employee was subjected to discrimination based on their race or sex. The instruction also acknowledges the possibility of the "same decision defense" which claims that race or sex played no role in the discharge or failure to promote.