Bronx New York 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 the legal framework governing employment discrimination cases in the Bronx, New York. This instruction outlines the specific guidelines that a jury must consider when determining whether a plaintiff has been subjected to race-based discrimination in employment discharge or failure to promote. Under this instruction, the jury must assess whether the employer violated the Civil Rights Act, particularly Section 1981 of Title 42 of the United States Code (42 USC Sect.1981), which prohibits racial discrimination in making or enforcing employment contracts. The instruction emphasizes a specific aspect of racial discrimination: targeting employment discharge or failure to promote. It instructs the jury to evaluate whether the plaintiff's race played a significant role in the adverse employment action taken by the employer. The jury instruction may encompass various key elements, including: 1. Discriminatory Intent: The instruction requires the jury to examine whether the employer acted with discriminatory intent or motive in discharging the employee or failing to promote them. This involves assessing the evidence regarding discriminatory remarks, actions, or policies that may suggest racial bias as the driving factor. 2. Adverse Employment Action: The instruction clarifies that the plaintiff must have suffered a tangible harm, such as discharge from their position or being denied a promotion, which negatively impacted their employment status or future prospects. 3. Differential Treatment: The jury must determine whether the plaintiff was treated differently, in terms of employment discharge or promotion, compared to employees of a different race who were in similar circumstances and demonstrated similar qualifications. 4. Pretext: The instruction instructs the jury to analyze whether the explanations provided by the employer for the employment action can be deemed pretextual or false, concealing the underlying racial discrimination. If a jury concludes that the employer's justifications are pretextual, it may support the plaintiff's claim of race-based discrimination. It is important to note that these instructions aim to provide general guidance and may vary depending on the specific details and context of the case. Therefore, a comprehensive understanding of the unique circumstances and statutory requirements is crucial to presenting a persuasive argument and obtaining a just outcome in a Bronx, New York jury trial involving race discrimination in employment discharge or failure to promote.