Broward Florida Jury Instruction - 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge - Failure To Promote General Instruction

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• County: Broward
• Control #: US-11CF-1-3-1
• 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. Broward Florida Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction is a set of guidelines provided to jurors in Broward County, Florida, regarding cases involving allegations of race discrimination in employment discharge or failure to promote. This particular instruction focuses on the application of the Civil Rights Act, specifically Section 1981, which prohibits racial discrimination in the workplace. Key elements covered in this instruction include: 1. Civil Rights Act 42 USC Sect.1981: The instruction begins by outlining the relevant federal law that serves as the basis for claims of race discrimination in employment discharge or failure to promote. This section provides an overview of Section 1981 of the Civil Rights Act, emphasizing its purpose and protections against race-related discrimination. 2. Allegations of Race Discrimination: Next, the instruction explains that the plaintiff in such cases must prove that they were treated differently based on their race or color. It highlights the importance of establishing a clear link between the adverse employment action taken (e.g., discharge or failure to promote) and the individual's race. 3. Burden of Proof: The instruction clarifies the allocation of the burden of proof between the parties involved. It advises jurors that initially, the plaintiff has the burden to prove their case by a preponderance of the evidence. However, when the plaintiff presents credible evidence of race discrimination, the burden then shifts to the defendant to produce evidence of legitimate non-discriminatory reasons for their actions. 4. Pretext and Discriminatory Motive: The instruction describes the concept of "pretext" and how it relates to the case at hand. It explains that if the plaintiff can demonstrate that the defendant's stated reasons for the adverse employment action are false or mere pretext, the jury may infer that the real motivation behind their actions was race discrimination. 5. Damages: In this section, the instruction explains the different types of damages that may be available to a successful plaintiff in a race discrimination case, such as back pay, front pay, and compensation for emotional distress or other non-economic harms. While the topic focuses on race discrimination in employment discharge and failure to promote, specific variations of this general instruction may exist based on the particular circumstances of each case. These may include variations that specifically address issues such as the presence of direct evidence of discrimination, retaliatory actions, or instructions related to the evaluation of witness credibility. It is essential for jurors to carefully consider all the evidence and instructions provided to them, applying the law to the facts presented, to ensure a fair and just resolution for both parties involved in the case.

Broward Florida Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction is a set of guidelines provided to jurors in Broward County, Florida, regarding cases involving allegations of race discrimination in employment discharge or failure to promote. This particular instruction focuses on the application of the Civil Rights Act, specifically Section 1981, which prohibits racial discrimination in the workplace. Key elements covered in this instruction include: 1. Civil Rights Act 42 USC Sect.1981: The instruction begins by outlining the relevant federal law that serves as the basis for claims of race discrimination in employment discharge or failure to promote. This section provides an overview of Section 1981 of the Civil Rights Act, emphasizing its purpose and protections against race-related discrimination. 2. Allegations of Race Discrimination: Next, the instruction explains that the plaintiff in such cases must prove that they were treated differently based on their race or color. It highlights the importance of establishing a clear link between the adverse employment action taken (e.g., discharge or failure to promote) and the individual's race. 3. Burden of Proof: The instruction clarifies the allocation of the burden of proof between the parties involved. It advises jurors that initially, the plaintiff has the burden to prove their case by a preponderance of the evidence. However, when the plaintiff presents credible evidence of race discrimination, the burden then shifts to the defendant to produce evidence of legitimate non-discriminatory reasons for their actions. 4. Pretext and Discriminatory Motive: The instruction describes the concept of "pretext" and how it relates to the case at hand. It explains that if the plaintiff can demonstrate that the defendant's stated reasons for the adverse employment action are false or mere pretext, the jury may infer that the real motivation behind their actions was race discrimination. 5. Damages: In this section, the instruction explains the different types of damages that may be available to a successful plaintiff in a race discrimination case, such as back pay, front pay, and compensation for emotional distress or other non-economic harms. While the topic focuses on race discrimination in employment discharge and failure to promote, specific variations of this general instruction may exist based on the particular circumstances of each case. These may include variations that specifically address issues such as the presence of direct evidence of discrimination, retaliatory actions, or instructions related to the evaluation of witness credibility. It is essential for jurors to carefully consider all the evidence and instructions provided to them, applying the law to the facts presented, to ensure a fair and just resolution for both parties involved in the case.