Santa Clara California Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction is a comprehensive guideline provided to jurors in Santa Clara, California, regarding employment race discrimination cases under the Civil Rights Act. This particular instruction, 1.3.1, specifically addresses cases involving race discrimination in employment discharge and failure to promote. In cases where an employee believes they have been subjected to discriminatory treatment based on their race, the Civil Rights Act of 1964, specifically section 1981, prohibits such actions. Section 1981 protects individuals from adverse employment actions, such as wrongful discharge or the failure to promote, solely based on their race. The general instruction assists jurors in understanding the key elements required to establish a claim of race discrimination in employment discharge or failure to promote. It contains essential information related to burden of proof, elements of the claim, and the legal standards applicable to such cases. Under this instruction, the jury is typically instructed to consider factors such as: 1. Discriminatory intent: Was the employee intentionally treated unfairly based on their race in the employment discharge or failure to promote? 2. Race as a motivating factor: Did the employee's race play a significant role in the adverse employment action? 3. Causal connection: Is there a direct link between the discriminatory treatment and the resulting employment discharge or failure to promote? 4. Employment policies or practices: Were there policies or practices within the organization that indirectly resulted in race discrimination? 5. Pretext: Was the employer's reason for the adverse action a mere pretext to cover up race discrimination? While there may not be different types of Santa Clara California Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction, modifications can be made based on the specific circumstances of the case. For example, if there are additional claims or defenses raised, the instruction might be tailored accordingly to address those particular issues. It is crucial for the jurors to carefully review and understand this general instruction to make an informed decision about the case and ensure justice for employees who have been victims of race discrimination in employment discharge or failure to promote.