Cook Illinois 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 legal guidelines provided to jurors in Cook County, Illinois, when presiding over a civil lawsuit involving race discrimination in employment discharge and failure to promote cases under the Civil Rights Act 42 USC Sect.1981. These instructions help jurors understand the applicable laws, standards, and principles relevant to such cases. Here are the details of the instruction: 1. Overview and Purpose: The Cook Illinois Jury Instruction — 1.3.1 provides jurors with a comprehensive understanding of the specific sub-section of the Civil Rights Act, namely 42 USC Sect.1981, that pertains to race discrimination in employment discharge or failure to promote. It outlines the purpose of the instruction, which is to guide jurors in assessing the evidence presented during trial and applying the relevant legal standards. 2. Elements of Race Discrimination: This instruction identifies the essential elements of a race discrimination case in the context of employment discharge or failure to promote. These elements typically include: a. The plaintiff belongs to a protected racial group. b. The plaintiff suffered an adverse employment action, such as discharge or failure to promote. c. The plaintiff's race was a motivating factor in the defendant's decision to discharge or not promote them. d. The defendant's actions violate the rights conferred by the Civil Rights Act 42 USC Sect.1981. 3. Burden of Proof: The instruction clarifies the burden of proof in civil cases involving race discrimination in employment discharge or failure to promote. It explains that the plaintiff has the responsibility to prove their case by a preponderance of the evidence, which means that the evidence presented by the plaintiff must establish that it is more likely than not that race discrimination occurred. 4. Standard of Proof for Discrimination: This section details the standard of proof a plaintiff must meet when alleging race discrimination. It explains that discrimination can be proven either by direct evidence, such as explicit discriminatory statements or actions, or by circumstantial evidence. It emphasizes that jurors should consider all the evidence presented to determine if it supports a finding of race discrimination. 5. Causation: The instruction discusses the element of causation, emphasizing that the plaintiff must show that their race was a motivating factor in the defendant's decision to discharge or fail to promote them. It explains that even if the defendant had other legitimate reasons, as long as race played a significant role in the decision, it can still be considered discriminatory. It's important to note that these sections within Cook Illinois Jury Instruction — 1.3.1 may vary slightly depending on the specific facts and circumstances of the case. Other potential variations or additional instructions could be included to accommodate unique aspects of each case, specific evidence presented, or legal interpretations upheld by the court.