This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.
Alabama Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer In the state of Alabama, race and/or sex discrimination in the workplace is strictly prohibited by law. Alabama Jury Instruction 1.2.2 addresses the specific scenario where a supervisor creates or allows a hostile work environment based on race and/or sex discrimination. This instruction also explains the employer's affirmative defense to such claims. When an employee brings a claim of a hostile work environment, alleging race and/or sex discrimination, against their supervisor, they must prove that the conduct was unwelcome, based on their race and/or sex, and created an offensive, abusive, or intimidating work environment. Key elements in this jury instruction include: 1. Supervisor's Behavior: The instruction details the types of conduct that may give rise to a hostile work environment claim, such as derogatory remarks, slurs, jokes, offensive gestures, or other actions that demean or belittle an individual based on their race and/or sex. 2. Offensiveness and Severity: The instruction specifies that the conduct must be severe or pervasive enough to alter the terms and conditions of employment, creating an abusive or hostile work environment. This means that isolated incidents, unless extremely severe, may not meet the legal threshold for a claim. 3. Employer's Knowledge: To establish liability, the employee must demonstrate that the employer knew or should have known about the conduct and failed to take appropriate remedial action. This can be established through direct complaints, witnesses, or evidence of a pervasive atmosphere of discrimination that the employer should reasonably be aware of. 4. Employer's Affirmative Defense: The instruction also explains the employer's potential defense in such cases. If the employer can prove that they exercised reasonable care to prevent and promptly correct any offensive behavior and that the employee unreasonably failed to take advantage of the preventive or corrective opportunities provided, the employer may avoid liability. This defense requires evidence of clear communication, robust anti-discrimination policies, effective complaint procedures, and appropriate disciplinary actions. It's important to note that this jury instruction may have other types or categories related to race and/or sex discrimination hostile work environments created or permitted by supervisors. However, without specific additional information, it is not possible to identify those variations. Overall, Alabama Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer provides clear guidance on how juries should evaluate claims of hostile work environments resulting from race and/or sex discrimination and offers insight into the potential defenses available to employers in such cases. Safeguarding employees from discriminatory practices and fostering inclusive work environments are the cornerstones of this instruction.
Alabama Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer In the state of Alabama, race and/or sex discrimination in the workplace is strictly prohibited by law. Alabama Jury Instruction 1.2.2 addresses the specific scenario where a supervisor creates or allows a hostile work environment based on race and/or sex discrimination. This instruction also explains the employer's affirmative defense to such claims. When an employee brings a claim of a hostile work environment, alleging race and/or sex discrimination, against their supervisor, they must prove that the conduct was unwelcome, based on their race and/or sex, and created an offensive, abusive, or intimidating work environment. Key elements in this jury instruction include: 1. Supervisor's Behavior: The instruction details the types of conduct that may give rise to a hostile work environment claim, such as derogatory remarks, slurs, jokes, offensive gestures, or other actions that demean or belittle an individual based on their race and/or sex. 2. Offensiveness and Severity: The instruction specifies that the conduct must be severe or pervasive enough to alter the terms and conditions of employment, creating an abusive or hostile work environment. This means that isolated incidents, unless extremely severe, may not meet the legal threshold for a claim. 3. Employer's Knowledge: To establish liability, the employee must demonstrate that the employer knew or should have known about the conduct and failed to take appropriate remedial action. This can be established through direct complaints, witnesses, or evidence of a pervasive atmosphere of discrimination that the employer should reasonably be aware of. 4. Employer's Affirmative Defense: The instruction also explains the employer's potential defense in such cases. If the employer can prove that they exercised reasonable care to prevent and promptly correct any offensive behavior and that the employee unreasonably failed to take advantage of the preventive or corrective opportunities provided, the employer may avoid liability. This defense requires evidence of clear communication, robust anti-discrimination policies, effective complaint procedures, and appropriate disciplinary actions. It's important to note that this jury instruction may have other types or categories related to race and/or sex discrimination hostile work environments created or permitted by supervisors. However, without specific additional information, it is not possible to identify those variations. Overall, Alabama Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer provides clear guidance on how juries should evaluate claims of hostile work environments resulting from race and/or sex discrimination and offers insight into the potential defenses available to employers in such cases. Safeguarding employees from discriminatory practices and fostering inclusive work environments are the cornerstones of this instruction.