Kentucky 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
• 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.

Kentucky Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction is a key guideline that outlines the legal standards and instructions for cases involving race discrimination in employment discharge and failure to promote under the Civil Rights Act. This instruction establishes a framework for jurors to understand the elements necessary to establish a claim of race discrimination in employment matters. It applies specifically to cases related to wrongful discharge or failure to promote based on race, as protected under the Civil Rights Act, section 1981 of the United States Code (42 U.S.C. Sect.1981). The instruction typically includes the following elements: 1. Discriminatory intent: Jurors need to evaluate whether the employee's discharge or failure to be promoted was motivated by racial bias or discrimination. 2. Protected class: The instruction highlights that the plaintiff must be a member of a racial minority group that is protected by the Civil Rights Act. 3. Adverse employment action: The instruction emphasizes that the plaintiff must have suffered an adverse action such as discharge or failure to be promoted. 4. Discrimination as a motivating factor: Jurors must determine whether the plaintiff's race played a significant role in the employer's decision to take adverse action. 5. Employer's legitimate reasons: The instruction acknowledges that employers can present legitimate, non-discriminatory reasons for their actions. Jurors need to assess whether these reasons are pretextual or legitimate. 6. Causation: Jurors must establish a causal link between the plaintiff's race and the adverse employment action taken by the employer. It is important to note that this is a general instruction, and there may be variations or specific additional instructions depending on the particular circumstances of the case. These additional instructions may cover elements like the burden of proof, the definition of racial discrimination, evidence requirements, or potential defenses that the defendant may present. Overall, Kentucky Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction provides the necessary framework for jurors to understand and evaluate claims of race discrimination in employment discharge or failure to promote, ensuring a fair and impartial assessment of the case.