Arizona Jury Instruction 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted By Supervisor — With Affirmative Defense by Employer: This jury instruction pertains to cases involving allegations of race and/or sex discrimination leading to a hostile work environment, wherein a supervisor is accused of creating or permitting such an environment. There may be various forms of this instruction depending on the specific circumstances of the case, but below is a general description of its key points. In cases involving race and/or sex discrimination, an employee may bring a claim against their employer if they can show that the work environment was hostile due to their race and/or sex, and that the hostile environment was created or allowed by their supervisor. This instruction helps the jury understand the legal standards and important considerations they should evaluate while determining liability for such claims. The instruction clarifies that a hostile work environment exists when the employee is subjected to unwelcome harassment or discriminatory conduct that is severe or pervasive enough to create an abusive working environment. Furthermore, it explains that the discrimination must be based on the employee's race and/or sex. The instruction also emphasizes that the alleged hostile work environment must have been created or permitted by the employee's supervisor. It provides guidelines to determine whether the supervisor engaged in the discriminatory conduct and whether they were acting within the scope of their employment. Additionally, the instruction outlines the affirmative defense available to the employer. If the employer can demonstrate that it had reasonable policies and complaint procedures in place to prevent and address discrimination in the workplace and that the employee failed to take advantage of these procedures, the employer may assert an affirmative defense. Different variations or types of this instruction may exist depending on the specific circumstances of the case, such as the nature of the discriminatory actions, the characteristics of the supervisor involved, and any additional factors that may be relevant to the case. Overall, this jury instruction aims to educate the jury on the legal standards and considerations necessary for determining whether a hostile work environment claim based on race and/or sex discrimination created or permitted by a supervisor is valid, while also recognizing the affirmative defense option available to the employer under certain conditions.