The Indiana Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability pertains to legal instructions given to a jury during a trial involving a public employee's claim of race and/or sex discrimination in a hostile work environment. This instruction may be relevant in cases where public employees allege that they have faced discriminatory treatment by their employers based on their race and/or sex, resulting in a hostile work environment. The instruction aims to guide the jury in understanding the legal elements necessary to establish a claim for race and/or sex discrimination under the Equal Protection Clause of the United States Constitution. It clarifies that public employees are also protected from discrimination under the law and outlines the criteria required to prove a hostile work environment claim. Specific instructions may vary depending on the circumstances of each case, but some possible types of instructions relevant to Indiana Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability may include: 1. Elements of a Public Employee Equal Protection Claim: This instruction would explain the essential components that the plaintiff (the public employee) must prove to establish a violation of their constitutional rights. It may outline factors such as the existence of employment under the government entity, discriminatory treatment based on race and/or sex, adverse employment actions, and the resulting hostile work environment. 2. Hostile Work Environment: This instruction would define what constitutes a hostile work environment and how it can be established in the context of race and/or sex discrimination. It may include discussion of pervasive and severe discriminatory conduct, its impact on the work environment, and whether the employer took appropriate measures to address and rectify the situation. 3. Separate Liability: This instruction clarifies that an employer can be held separately liable for the hostile work environment created by its employees. It would outline the legal principle of vicarious liability, wherein the employer may be responsible for the discriminatory actions of its employees under certain circumstances. 4. Damages: This instruction might detail the types of damages the jury can consider if they find the employer liable for race and/or sex discrimination creating a hostile work environment. It may include compensatory damages to address the emotional distress suffered by the employee, potential punitive damages to punish the employer, and any other relevant considerations. By providing these specific instructions, the court aims to ensure that the jury comprehends the legal standards and elements required to assess the public employee's equal protection claim related to race and/or sex discrimination in the context of a hostile work environment.