Courts Struggle with Instructing Juries in Employment Discrimination Cases
Courts are still struggling with how to analyze evidence in discrimination cases, despite laws being in place for decades. The challenge lies in translating legal guidelines into clear jury instructions. The issue is sensitive because discrimination laws are important, and accusing an employer of discrimination is serious. Judges want jurors to base their decisions on facts, not sympathy. The difficulty is in guiding jurors to make fair decisions based on the law. The confusion also extends to whether juries should be instructed on the absence of evidence.