Illinois Jury Instruction - 1.2.1 Race And Or Sex Discrimination Discharge - Failure To Promote Including - Same Decision Defense
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FAQ
An affirmative defense to damages under Title VII of the Civil Rights Act of 1964 available if the employer can demonstrate that it would have taken the same action even in the absence of discrimination.
When the defendant is asserting a ?same decision? (or ?same action?) affirmative defense in a ?mixed motive? case, it may be appropriate to allow the plaintiff to choose between the two versions of the second element shown above.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.
Illinois Pattern Jury Instruction (I.P.I.) 30.04. 02 defines loss of a normal life, as ?When I use the expression ?loss of a normal life,? I mean the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life.?
Common Employer Defenses to Harassment & Discrimination Claims Discrimination Defense: The Employer Had a Non-Discriminatory Motive. ... Discrimination Defense: The Rule or Policy Advanced a Business Purpose. ... Harassment Defense: The Employee Welcomed the Conduct. ... Harassment Defense: The Employer Didn't Know.
If the ?same decision? defense is proven (i.e., they would have made the same decision even without the discriminatory motive, although unlawful conduct has occurred), remedies are extremely limited.