District of Columbia Jury Instruction - 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor - With Affirmative Defense By Employer

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-2-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. District of Columbia Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer: This instruction outlines the legal framework applicable in cases involving allegations of race and/or sex discrimination resulting in a hostile work environment, specifically when such environment is created or permitted by a supervisor. It also introduces an affirmative defense that can be raised by the employer. The instruction encompasses several key elements, including: 1. Definition of a Hostile Work Environment: This instruction begins by defining a hostile work environment, which refers to a workplace in which the conduct of supervisors or coworkers is severe or pervasive enough to create an environment that a reasonable person would consider intimidating, hostile, or abusive. 2. Elements of the Claim: The instruction then lists the essential elements the plaintiff must prove in order to establish a claim for race and/or sex discrimination hostile work environment. These elements typically include: a. Membership in a protected class, such as race or sex. b. Exposure to unwelcome conduct based on race and/or sex. c. The unwelcome conduct was severe or pervasive. d. The unwelcome conduct detrimentally affected the terms, conditions, or privileges of employment. e. The unwelcome conduct was either created or permitted by a supervisor. 3. Supervisor Liability: This instruction explains the concept of supervisor liability in cases of race and/or sex discrimination. It clarifies that under certain circumstances, an employer may be held legally responsible for the actions of its supervisors in creating or permitting a hostile work environment. It emphasizes that a supervisor is an individual with the authority to take tangible employment actions or direct the work of employees. 4. Affirmative Defense by Employer: The instruction introduces an affirmative defense available to the employer in cases of race and/or sex discrimination hostile work environment. It states that an employer can avoid liability if it can demonstrate the following: a. The employer exercised reasonable care to prevent or promptly correct any discriminatory behavior. b. The plaintiff unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer. Different types of District of Columbia Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer may include variations specific to the circumstances of each case. Nevertheless, the core elements remain consistent, outlining the legal standards and considerations involved in proving such claims and the potential defense available to employers.

District of Columbia Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer: This instruction outlines the legal framework applicable in cases involving allegations of race and/or sex discrimination resulting in a hostile work environment, specifically when such environment is created or permitted by a supervisor. It also introduces an affirmative defense that can be raised by the employer. The instruction encompasses several key elements, including: 1. Definition of a Hostile Work Environment: This instruction begins by defining a hostile work environment, which refers to a workplace in which the conduct of supervisors or coworkers is severe or pervasive enough to create an environment that a reasonable person would consider intimidating, hostile, or abusive. 2. Elements of the Claim: The instruction then lists the essential elements the plaintiff must prove in order to establish a claim for race and/or sex discrimination hostile work environment. These elements typically include: a. Membership in a protected class, such as race or sex. b. Exposure to unwelcome conduct based on race and/or sex. c. The unwelcome conduct was severe or pervasive. d. The unwelcome conduct detrimentally affected the terms, conditions, or privileges of employment. e. The unwelcome conduct was either created or permitted by a supervisor. 3. Supervisor Liability: This instruction explains the concept of supervisor liability in cases of race and/or sex discrimination. It clarifies that under certain circumstances, an employer may be held legally responsible for the actions of its supervisors in creating or permitting a hostile work environment. It emphasizes that a supervisor is an individual with the authority to take tangible employment actions or direct the work of employees. 4. Affirmative Defense by Employer: The instruction introduces an affirmative defense available to the employer in cases of race and/or sex discrimination hostile work environment. It states that an employer can avoid liability if it can demonstrate the following: a. The employer exercised reasonable care to prevent or promptly correct any discriminatory behavior. b. The plaintiff unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer. Different types of District of Columbia Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer may include variations specific to the circumstances of each case. Nevertheless, the core elements remain consistent, outlining the legal standards and considerations involved in proving such claims and the potential defense available to employers.