Wisconsin 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.

The Wisconsin 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 cases involving allegations of race discrimination in the workplace. This instruction specifically addresses situations where an employee claims that they were unfairly discharged or not promoted based on their race, in violation of the Civil Rights Act of 1964. The purpose of this general instruction is to inform the jury about the legal standard to be applied when determining whether race discrimination occurred in the employment context. It provides guidance on the key elements that the plaintiff must prove in order to establish a successful claim under Section 1981 of the Civil Rights Act. Keywords: Wisconsin Jury Instruction, Civil Rights Act, 42 USC Sect.1981, Race Discrimination, Employment Discharge, Failure to Promote, General Instruction Different types of Wisconsin Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge — Failure To Promote General Instruction can include elaborations on specific elements of the case, such as: 1. Burden of proof: This instruction may discuss the burden of proof that the plaintiff bears in presenting evidence to establish a prima facie case of race discrimination. It may explain the need for the plaintiff to demonstrate that they are a member of a protected racial group and that they suffered an adverse employment action, while also showing that similarly situated individuals outside their racial group were treated more favorably. 2. Pretext: This instruction may also address the notion of "pretext," which refers to a false reason given by the employer to justify the adverse employment action. It may explain that if the plaintiff can show that the employer's articulated reason for the adverse action is not believable or merely a disguise for racial discrimination, it may be considered pretextual. 3. Retaliation: In some cases, an employer may take adverse action against an employee in response to that employee's complaints about race discrimination. In such situations, this instruction may touch upon the topic of retaliation, explaining that if the jury finds that the employee engaged in protected activity (e.g., filing a complaint) and that the adverse action taken by the employer was in response to that activity, it may also amount to a violation of the Civil Rights Act. 4. Damages: This general instruction may also outline the types of damages that the plaintiff may be entitled to recover if they are successful in proving race discrimination. It may address compensatory damages (such as lost wages, benefits, and emotional distress) as well as punitive damages, which are intended to punish the employer for their discriminatory actions. It is important to note that the specific content and variations of the Wisconsin Jury Instruction — 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination in Employment Discharge — Failure to Promote General Instruction may differ based on the particular jurisdiction and the specific facts of the case. Furthermore, it is always advised to consult the relevant legal resources and authorities to obtain the most accurate and up-to-date information when dealing with such matters.