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Febres v. Challenger Caribbean Corp.

Plaintiffs were not entitled to additional mixed-motive jury instruction where district court's instruction was adequate and plaintiffs failed to particularly object or offer better alternative.

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The full case caption appears at the end of this opinion.

SELYA, Circuit Judge. Ever since Justice O’Connor highlighted the importance of direct evidence of discrimination, see Price Waterhouse v. Hopkins, 490 U.S. 228, 276-77 (1989) (O’Connor, J., concurring), courts have struggled to determine whether particular pieces of evidence can be so classified. Following the passage of the Civil Rights Act of 1991, Pub. L. No. 102-166, � 102, 105 Stat. 1071, 1073 (codified at 42 U.S.C. � 1981a(c)(1)), this struggle took on an added dimension: the Act made jury trials widely available in discrimination cases, thus sparking interest in how juries were to be instructed when direct evidence of discrimination had been introduced. We have approached these subjects cautiously, eschewing broad generalizations. See, e.g., Fernandes v. Costa Bros. Masonry, 199 F.3d 572, 581-83 (1st Cir. 1999). This appeal requires us to take an incremental step along the decisional path.

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