Arkansas Jury Instruction — 1.2.3 Sex Discrimination Quid Pro Quo Violation: Detailed Description and Types The Arkansas Jury Instruction — 1.2.3 Sex Discrimination Quid Pro Quo Violation pertains to cases involving unlawful sex discrimination in the workplace. Quid pro quo, a Latin phrase meaning "this for that," refers to a situation wherein an employee's submission to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature becomes a condition for obtaining or keeping employment benefits or opportunities. This specific jury instruction aims to guide jurors in understanding the legal aspects and elements associated with sex discrimination quid pro quo violation cases. It provides a legal framework for examining the evidence and reaching a fair and just verdict. Here is a detailed description of the instruction and its key elements: 1. Overview: The instruction begins by outlining the nature of the case and the central issue of sex discrimination quid pro quo violation. It emphasizes that employers are prohibited from conditioning employment benefits or opportunities on an individual's submission to unwelcome sexual conduct. 2. Elements of Sex Discrimination Quid Pro Quo Violation: In order to establish a sex discrimination quid pro quo violation, the following elements must be proven: a. Unwelcome Conduct: The plaintiff must demonstrate that they were subjected to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. b. Explicit or Implicit Promise: It must be established that the defendant explicitly or implicitly made a promise or threat related to the plaintiff's employment, promotion, compensation, or other work-related benefits. c. Causal Link: The plaintiff must demonstrate that their submission or rejection of the unwelcome conduct was a determining factor in the defendant's decision regarding their employment benefits or opportunities. 3. Burden of Proof: The instruction explains the burden of proof in sex discrimination quid pro quo violation cases. The plaintiff bears the burden of proving each element by a preponderance of the evidence, which means that the evidence presented must be more convincing than the opposing party's evidence. 4. Possible Defenses: The instruction may also outline possible defenses that the defendant can raise, such as showing that the conduct was not unwelcome, that there was no link between the conduct and the employment decisions, or that the plaintiff's allegations are not credible. Types of Arkansas Jury Instruction — 1.2.3 Sex Discrimination Quid Pro Quo Violation: Under Arkansas law, there may not be distinct types or variations of the jury instruction itself, as it primarily serves as a standardized guide for jurors. However, there can be variations in the specific facts, evidence, and circumstances presented in each sex discrimination quid pro quo violation case. In conclusion, the Arkansas Jury Instruction — 1.2.3 Sex Discrimination Quid Pro Quo Violation provides a comprehensive framework for evaluating claims of unlawful sex discrimination in the workplace. By understanding the elements and burden of proof associated with such violations, jurors can contribute to a fair and just resolution of these cases.