District of Columbia Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability This jury instruction in the District of Columbia focuses on an Equal Protection claim in cases of race and/or sex discrimination in a hostile work environment for public employees. It addresses the liability of the employer for creating and maintaining such a hostile work environment. Key Points: 1. Equal Protection Claim: This instruction helps jurors understand that public employees have a constitutional right to be free from discrimination based on race and/or sex in the workplace. It explains that the Equal Protection Clause of the Fourteenth Amendment protects employees from such discrimination. 2. Hostile Work Environment: The instruction defines a hostile work environment as one in which an employee is subjected to discriminatory conduct, including offensive remarks, slurs, or actions based on race and/or sex. It emphasizes that isolated incidents may not meet the threshold for a hostile work environment claim. 3. Liability: The jury instruction addresses the employer's liability for race and/or sex discrimination in a hostile work environment. It explains that the employer can be held responsible for the actions of its employees if it knew or should have known about the discriminatory conduct and failed to take prompt and effective action to address and prevent it. 4. Separate Liability: The instruction also explores the concept of separate liability. In cases where a supervisor or manager is accused of direct discriminatory conduct, the employer can be held liable for that conduct. Additionally, the employer can be held liable for failing to address or prevent discriminatory conduct by coworkers or non-supervisory employees if they knew or should have known about it. Different Types of District of Columbia Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability: 1. Race Discrimination Hostile Work Environment: This instruction specifically focuses on cases where public employees allege a hostile work environment based on race discrimination. It provides guidance on how jurors should consider the evidence and determine liability in such cases. 2. Sex Discrimination Hostile Work Environment: This instruction deals with cases where public employees claim a hostile work environment based on sex discrimination. It highlights the specific challenges and considerations involved in determining liability for sex-based discriminatory conduct. 3. Race and Sex Discrimination Hostile Work Environment: This instruction covers situations where public employees assert a hostile work environment claim involving both race and sex discrimination. It explains how jurors should assess the evidence relating to both types of discrimination and determine liability accordingly. These specific instructions allow the jury to understand and apply the law accurately in cases involving public employees' equal protection claims related to race and/or sex discrimination in a hostile work environment. They provide a framework for jurors to assess liability and hold employers accountable for ensuring a fair and non-discriminatory work environment for their employees.