Illinois Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer This jury instruction is specifically designed to address cases involving allegations of race and/or sex discrimination in the form of a hostile work environment, where the supervisor is accused of creating or permitting such an environment. It also includes an affirmative defense option for the employer. Keywords: Illinois, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer Description: Illinois Jury Instruction — 1.2.2 outlines the legal elements that need to be proven to establish a claim of race and/or sex discrimination in the form of a hostile work environment created or permitted by a supervisor. The instruction assists the jury in understanding the relevant laws and standards in such cases. The key elements covered in this instruction include: 1. Hostile Work Environment: The instruction clarifies that for a hostile work environment claim to be successful, the plaintiff must demonstrate that the work environment was permeated with discriminatory intimidation, ridicule, and insult that was either based on their race and/or sex or because they opposed such discrimination. 2. Supervisor's Conduct: It explains that the plaintiff must prove that a supervisor's conduct contributed to the creation or perpetuation of the hostile work environment. This can include direct involvement, approval, or knowledge of the discriminatory behavior. 3. Affirmative Defense: The instruction allows the employer an affirmative defense option. The employer can avoid liability if they can prove that they exercised reasonable care to prevent and promptly correct any harassing behavior and that the plaintiff unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer. Types of Illinois Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer: While there are no subtypes or variations specifically mentioned for this particular jury instruction, it is crucial to note that jury instructions may vary based on individual cases and specific circumstances. The Illinois Jury Instructions often provide options or alternative instructions to accommodate different factual scenarios. In practice, the instruction may be modified or expanded to address other relevant aspects of the case, such as specific incidents, testimony, or evidence presented during the trial. It is important for attorneys and judges handling such cases to review the updated Illinois Jury Instructions and tailor them to fit the unique circumstances of each case.
Illinois 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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A few examples of behavior that could create a hostile work environment include: Repeated comments or jokes about a protected characteristic (e.g., race, gender, sexual orientation, religion, ethnicity) Displaying offensive symbols or pictures. Threatening or intimidating behavior.
Courts must look at the totality of the circumstances to determine whether an environment is "hostile" or "abusive" and should consider the following nonexclusive list of factors: (1) the frequency of the discriminatory conduct; (2) its severity; (3) whether it is physically threatening or humiliating, or a mere ...
Under Title VII, a hostile work environment exists when the workplace is "permeated with discriminatory, intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." For example, evidence of sexual harassment ...
Signs of a Hostile Work Environment Repeated comments or jokes about a protected characteristic (e.g., race, gender, sexual orientation, religion, ethnicity) Displaying offensive symbols or pictures. Threatening or intimidating behavior. Physical assaults or unwanted touching.
To state a prima facie case of hostile work environment harassment, Plaintiff must show: (1) she belongs to a protected group; (2) she was subjected to unwelcome harassment; (3) that the harassment was based on sex; (4) that the harassment affected a term, condition, or privilege of her employment; and (5) Defendant ...
To establish a prima facie case of retaliation, a plaintiff must show ?1) that she engaged in protected activity, 2) that the employer took adverse action against her, and 3) that a causal link exists between the protected activity and the employer's adverse action.? Kachmar v. Sungard Data Sys., Inc. 109 F.