Idaho 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 legal instruction that pertains to cases of workplace discrimination based on race and/or sex. It specifically focuses on instances where a hostile work environment has been created or allowed by a supervisor, putting the employer at risk of liability for the actions of their employee. This instruction applies when an employee alleges that they have experienced a hostile work environment due to discrimination based on their race and/or sex. The plaintiff must prove the following elements to establish their claim: 1. A hostile work environment was created or permitted by the supervisor: The plaintiff must demonstrate that the supervisor's conduct or actions created an abusive work environment, which unreasonably interfered with their work performance or created an intimidating, hostile, or offensive working environment. 2. The hostile work environment was due to race and/or sex discrimination: The plaintiff must establish that the hostile conduct was based on their race and/or sex. This can be done through providing evidence of derogatory comments, offensive jokes, racial or sexual slurs, or other direct or indirect discriminatory actions. However, it's essential to note that an employer may raise an affirmative defense, relieving themselves from liability. This defense requires the employer to prove the following: 1. The employer exercised reasonable care to prevent or promptly correct any harassing behavior: The employer must demonstrate that they had proper anti-discrimination policies in place, regularly conducted training sessions regarding these policies, and took prompt action to address any reported instances of hostility. 2. The plaintiff unreasonably failed to take advantage of any appropriate preventive or corrective opportunities provided by the employer: The employer must show that they provided opportunities to report and address instances of discrimination, but the plaintiff unreasonably failed to take advantage of these opportunities. Different variations of Idaho Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer may exist depending on the specific circumstances of the case. For example, variations may arise if there are allegations of multiple supervisors involved, if there is evidence of retaliation, or if the plaintiff is claiming psychological or emotional damages resulting from the hostile work environment.