10.6 Civil Rights-Title VII-Hostile Work Environment Caused by Supervisor-Claim Based on Vicarious Liability-Tangible Employment Action-Affirmative Defense

• Category: Federal - Jury Instructions - 9th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-9THCIR-10-6
• Format: Rich Text

Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 10.6 Civil Rights-Title VII-Hostile Work Environment Caused by Supervisor-Claim Based on Vicarious Liability-Tangible Employment Action-Affirmative Defense is a type of civil rights claim brought under Title VII of the Civil Rights Act of 1964. This claim can be brought against an employer if an employee can prove that a supervisor created a hostile work environment and that the employer is vicariously liable for such conduct. To establish a claim of hostile work environment caused by a supervisor, the employee must show that the supervisor's conduct was unwelcome, severe, and pervasive. Additionally, the employee must demonstrate that the conduct was based on a protected characteristic, such as their gender, race, or religion. Under Title VII, employers may be vicariously liable for a supervisor's hostile work environment even if the employer had no knowledge that the supervisor was creating a hostile work environment. However, employers can raise an affirmative defense if they can demonstrate that they took reasonable steps to prevent and correct the hostile work environment and the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer. In some cases, a tangible employment action may be necessary for the employer to be liable for a supervisor's hostile work environment. A tangible employment action is a significant change in employment status, such as a firing, demotion, or suspension. If the hostile work environment culminated in a tangible employment action, then the employer will be strictly liable for the supervisor's conduct. There are two types of 10.6 Civil Rights-Title VII-Hostile Work Environment Caused by Supervisor-Claim Based on Vicarious Liability-Tangible Employment Action-Affirmative Defense: those that involve a tangible employment action and those that do not.

10.6 Civil Rights-Title VII-Hostile Work Environment Caused by Supervisor-Claim Based on Vicarious Liability-Tangible Employment Action-Affirmative Defense is a type of civil rights claim brought under Title VII of the Civil Rights Act of 1964. This claim can be brought against an employer if an employee can prove that a supervisor created a hostile work environment and that the employer is vicariously liable for such conduct. To establish a claim of hostile work environment caused by a supervisor, the employee must show that the supervisor's conduct was unwelcome, severe, and pervasive. Additionally, the employee must demonstrate that the conduct was based on a protected characteristic, such as their gender, race, or religion. Under Title VII, employers may be vicariously liable for a supervisor's hostile work environment even if the employer had no knowledge that the supervisor was creating a hostile work environment. However, employers can raise an affirmative defense if they can demonstrate that they took reasonable steps to prevent and correct the hostile work environment and the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer. In some cases, a tangible employment action may be necessary for the employer to be liable for a supervisor's hostile work environment. A tangible employment action is a significant change in employment status, such as a firing, demotion, or suspension. If the hostile work environment culminated in a tangible employment action, then the employer will be strictly liable for the supervisor's conduct. There are two types of 10.6 Civil Rights-Title VII-Hostile Work Environment Caused by Supervisor-Claim Based on Vicarious Liability-Tangible Employment Action-Affirmative Defense: those that involve a tangible employment action and those that do not.