California Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer This California jury instruction refers to a legal instruction provided to the jury in cases involving allegations of race and/or sex discrimination, where the hostile work environment is created or permitted by a supervisor, with an affirmative defense by the employer. The instruction helps guide the jury in understanding the necessary elements of the claim and the possible defenses that the employer may present. Keywords: California, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer, legal claim, legal defense. Different Types of California Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer: 1. Race Discrimination Hostile Work Environment: This instruction is relevant when the alleged discrimination is based solely on race, creating or permitting a hostile work environment, and when the supervisor is involved. The instruction provides guidance on the specific elements to be proven by the plaintiff and the affirmative defense available to the employer. 2. Sex Discrimination Hostile Work Environment: This instruction is applicable when the alleged discrimination is based solely on sex, creating or permitting a hostile work environment, and when the supervisor is involved. It outlines the necessary elements of the claim, including the severity and pervasiveness of the conduct, and the availability of an affirmative defense for the employer. 3. Race and Sex Discrimination Hostile Work Environment: This instruction is appropriate when the alleged discrimination is based on both race and sex, creating or permitting a hostile work environment, and when the supervisor is implicated. The instruction covers the essential elements of the claim and the affirmative defense that the employer may assert. 4. Supervisory Liability in Discrimination Claims: This instruction is relevant in cases where the supervisor is accused of directly engaging in discriminatory behavior or fostering a hostile work environment. It clarifies the level of involvement required to hold a supervisor personally liable for discrimination, even if the employer may assert an affirmative defense. 5. Affirmative Defense by Employer: This instruction focuses solely on the employer's affirmative defense, which can be raised regardless of the specific discrimination claim. It explains the conditions and requirements necessary for the employer to avail itself of this defense, demonstrating that it took reasonable steps to prevent and promptly correct any harassing behavior or discriminatory conduct. By using these various instructions, the jury can gain a comprehensive understanding of the complex legal issues involved in cases of race and/or sex discrimination in a hostile work environment, where the supervisor's actions are being scrutinized and the employer may interpose an affirmative defense.
California Jury Instruction - 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor - With Affirmative Defense By Employer
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