Title VII-Civil Rights Act-Discrimination- Discharge or Failure to Promote-Including "Same Decision" Defense

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-4-5
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin. This includes discharging or failing to promote an employee due to their membership in a protected class. The “Same Decision” defense is a defense available to employers when they are accused of violating Title VII. It is a two-part defense that employers must prove: (1) that the same decision would have been made even if the employee’s protected class was not taken into consideration and (2) that the employer’s decision was motivated by a legitimate, non-discriminatory reason. The employer must provide evidence that a similarly situated employee who did not possess the employee’s protected class was treated the same way. There are two types of Title VII-Civil Rights Act-Discrimination- Discharge or Failure to Promote-Including "Same Decision" Defense: (1) disparate treatment and (2) disparate impact. Disparate treatment occurs when an employer intentionally discriminates against an employee based on their membership in a protected class. Employers must prove that the “same decision” would have been made even if the employee’s protected class was not taken into consideration. Disparate impact occurs when an employer unintentionally discriminates against an employee based on their membership in a protected class. Employers must prove that their decision was motivated by a legitimate, non-discriminatory reason and that a similarly situated employee who did not possess the employee’s protected class was treated the same way.

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin. This includes discharging or failing to promote an employee due to their membership in a protected class. The “Same Decision” defense is a defense available to employers when they are accused of violating Title VII. It is a two-part defense that employers must prove: (1) that the same decision would have been made even if the employee’s protected class was not taken into consideration and (2) that the employer’s decision was motivated by a legitimate, non-discriminatory reason. The employer must provide evidence that a similarly situated employee who did not possess the employee’s protected class was treated the same way. There are two types of Title VII-Civil Rights Act-Discrimination- Discharge or Failure to Promote-Including "Same Decision" Defense: (1) disparate treatment and (2) disparate impact. Disparate treatment occurs when an employer intentionally discriminates against an employee based on their membership in a protected class. Employers must prove that the “same decision” would have been made even if the employee’s protected class was not taken into consideration. Disparate impact occurs when an employer unintentionally discriminates against an employee based on their membership in a protected class. Employers must prove that their decision was motivated by a legitimate, non-discriminatory reason and that a similarly situated employee who did not possess the employee’s protected class was treated the same way.