Allegheny Pennsylvania Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction is a crucial component of legal proceedings related to race discrimination in employment discharge and failure to promote cases. This instruction outlines the key elements that a jury must consider when determining whether a plaintiff's civil rights have been violated. The instruction begins by highlighting the relevant legal statute, the Civil Rights Act of 1964, specifically Section 1981, which prohibits discrimination based on race in employment matters. It emphasizes that an employer cannot discriminate against an employee or applicant on the basis of their race when making decisions regarding discharge or failure to promote. The instruction then provides an overview of the key elements that must be proven for a successful claim of race discrimination in employment discharge. These elements typically include: 1. Protected status: The plaintiff must establish that they are a member of a protected racial group. 2. Disadvantageous action: The plaintiff must show that they suffered an adverse employment action, such as discharge or termination, due to race discrimination. 3. Employer's discriminatory motive: The plaintiff must demonstrate that the employer's decision to discharge or terminate them was motivated by racial discrimination. 4. Lack of legitimate reason: The plaintiff must establish that the employer's stated reasons for the adverse action are mere pretext, and that race discrimination was the true reason. It is important to note that this general instruction may have variations or additional instructions tailored to specific cases. For instance, there might be separate instructions if the case involves failure to promote instead of discharge, or if there are additional factors to consider, such as the presence of a discriminatory work environment or retaliation. Overall, Allegheny Pennsylvania Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction serves as a guide for the jury, ensuring they have a clear understanding of the legal standards and evidence required to find the defendant liable for race discrimination in employment discharge or failure to promote.