8.60 ELEMENTS OF DEFENSE: AFFIRMATIVE DEFENSE (For Use in Supervisor Cases With No Tangible Employment Action)

• Category: Federal - Jury Instructions - 8th Circuit - Civil - Agency Partnership
• State: Multi-State
• Control #: US-8THCIR-JURY-8-60
• Format: Word

Description

http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf 8.60 Elements of Defense: Affirmative Defense (For Use in Supervisor Cases With No Tangible Employment Action) is an argument that can be used by employers to defend themselves against wrongful termination, discrimination, or other claims brought by employees. This defense asserts that the employer took reasonable steps to prevent and correct any harassment or discrimination that the employee might have experienced, and that the employee failed to take advantage of the employer’s corrective measures. This defense is most commonly used in cases of supervisor harassment or discrimination where no tangible employment action (such as termination or demotion) is taken against the employee. The 8.60 Elements of Defense: Affirmative Defense (For Use in Supervisor Cases With No Tangible Employment Action) typically include the following components: 1. The employer exercised reasonable care to prevent and correct any harassment or discrimination that the employee might have experienced. 2. The employee failed to take advantage of the employer’s corrective measures. 3. The employee failed to report the harassment or discrimination to the employer in a timely manner. 4. The employee unreasonably failed to avoid or reduce the harm. 5. The employer took prompt and appropriate corrective action in response to the employee’s complaint. 6. The employer took reasonable steps to prevent any further harassment or discrimination. 7. The employer’s actions were sufficient to prevent any further harassment or discrimination. 8. The employee’s damages (if any) were not caused by the employer’s negligence.

8.60 Elements of Defense: Affirmative Defense (For Use in Supervisor Cases With No Tangible Employment Action) is an argument that can be used by employers to defend themselves against wrongful termination, discrimination, or other claims brought by employees. This defense asserts that the employer took reasonable steps to prevent and correct any harassment or discrimination that the employee might have experienced, and that the employee failed to take advantage of the employer’s corrective measures. This defense is most commonly used in cases of supervisor harassment or discrimination where no tangible employment action (such as termination or demotion) is taken against the employee. The 8.60 Elements of Defense: Affirmative Defense (For Use in Supervisor Cases With No Tangible Employment Action) typically include the following components: 1. The employer exercised reasonable care to prevent and correct any harassment or discrimination that the employee might have experienced. 2. The employee failed to take advantage of the employer’s corrective measures. 3. The employee failed to report the harassment or discrimination to the employer in a timely manner. 4. The employee unreasonably failed to avoid or reduce the harm. 5. The employer took prompt and appropriate corrective action in response to the employee’s complaint. 6. The employer took reasonable steps to prevent any further harassment or discrimination. 7. The employer’s actions were sufficient to prevent any further harassment or discrimination. 8. The employee’s damages (if any) were not caused by the employer’s negligence.