Colorado Jury Instruction 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer is a specific set of instructions provided to the jury in cases involving allegations of hostile work environment based on race and/or sex discrimination. These instructions are aimed at guiding the jury in understanding the legal standards, burden of proof, and potential defenses applicable to such cases. Here is a detailed description of Colorado Jury Instruction 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer: 1. Purpose: This instruction intends to inform the jury about the specific legal standards and elements required to prove a claim of hostile work environment based on race and/or sex discrimination when the hostile environment is created or permitted by the supervisor. It also addresses the affirmative defense that can be raised by the employer. 2. Elements of a Claim: The court will instruct the jury regarding the elements that the plaintiff must prove to establish a claim of hostile work environment. This typically includes demonstrating that the supervisor's conduct was unwelcome, based on the plaintiff's race and/or sex, sufficiently severe or pervasive, and altered the terms and conditions of employment. 3. Supervisor Liability: The instruction will outline the legal principles that hold supervisors personally liable if they have created or permitted a hostile work environment. The jury will be informed that the supervisor's actions are imputed to the employer, making the employer potentially responsible for damages. 4. Employer's Affirmative Defense: The instruction will explain the affirmative defense available to the employer. This defense asserts that the employer took reasonable measures to prevent and promptly correct any discriminatory harassment and that the plaintiff failed to take advantage of those preventive or corrective opportunities. 5. Burden of Proof: The jury will be informed of the burden of proof required for the plaintiff to succeed in their claim. They must prove their case by a preponderance of the evidence, which means the evidence presented must be more convincing than the evidence presented by the opposing party. 6. Jury Deliberation: Once the instructions are given, the jury will deliberate and reach a verdict based on their understanding of the law, evidence, and instructions provided by the court. It's important to note that Colorado Jury Instruction 1.2.2 pertains specifically to claims of race and/or sex discrimination resulting in a hostile work environment created or permitted by a supervisor. It does not cover other types of discriminatory conduct or different legal claims that may arise in employment discrimination cases.