Alaska Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer Keywords: Alaska, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer. Description: Alaska Jury Instruction 1.2.2 addresses the issue of race and/or sex discrimination in the workplace, specifically focusing on a hostile work environment that is created or allowed by a supervisor. This instruction provides guidance to the jury on how to consider evidence and reach a verdict. In cases of race or sex discrimination, it is crucial to determine if a hostile work environment exists. A hostile work environment refers to an environment where offensive or unwelcome behavior, related to race and/or sex, becomes so severe or pervasive that it interferes with an employee's ability to perform their job effectively. This instruction reminds jurors that it is the responsibility of the plaintiff (the victim of discrimination) to demonstrate that the hostile work environment was created or permitted by their supervisor. The plaintiff needs to provide evidence of repeated instances of discriminatory behavior or a single severe incident that significantly affected their work environment. However, the instruction also presents an affirmative defense for the employer. The employer may assert that they took reasonable steps to prevent and promptly correct any harassing behavior and that the plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities offered by the employer. The jury needs to carefully consider the evidence presented by both parties to determine if the employer's affirmative defense is valid or if the hostile work environment claim is proven. They should evaluate the nature and severity of the discriminatory conduct, the context in which it occurred, the frequency, and its impact on the plaintiff's work performance and well-being. Different types or variations of this Alaska jury instruction may include: 1.2.2.1 Race Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer This specific instruction focuses on cases solely related to race discrimination. It provides guidelines to the jury to determine if a supervisor created or allowed a hostile work environment based on race, considering the same affirmative defense provided by the employer. 1.2.2.2 Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer Similar to the previous variation, this instruction concentrates on sex discrimination cases. The jury is instructed to evaluate if a hostile work environment created or permitted by a supervisor is based on sex discrimination. It also includes the employer's affirmative defense. These variations acknowledge that race and sex discrimination may have specific nuances and legal considerations that differ slightly, and therefore, provide tailored instructions to address those differences.