Kentucky Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and or Sex Discrimination Hostile Work Environment — Separate Liability In the legal system of Kentucky, there exists a specific jury instruction, labeled as Kentucky Jury Instruction — 1.1.3, which deals with public employee equal protection claims related to race and/or sex discrimination in a hostile work environment. This instruction addresses the concept of separate liability, which means that an employer can be held accountable for different aspects of discrimination based on race and/or sex. Kentucky Jury Instruction — 1.1.3 identifies and outlines the following key elements and considerations necessary to establish a public employee equal protection claim regarding race and/or sex discrimination in a hostile work environment: 1. Hostile Work Environment: The instruction acknowledges that the plaintiff must have been subjected to a hostile work environment, which refers to an environment in which discriminatory conduct based on race and/or sex is so severe or pervasive that it creates an intimidating, hostile, or offensive working environment. 2. Discrimination based on Race and/or Sex: The instruction specifies that discriminatory mistreatment or harassment must have occurred due to the plaintiff's race and/or sex. This can include offensive comments, derogatory jokes, slurs, or any other behavior that creates a hostile work environment based on these protected characteristics. 3. Public Employee: The instruction explicitly states that the plaintiff must be a public employee, meaning they are employed by a governmental entity, such as a state agency, municipality, or county. 4. Equal Protection Claim: The instruction highlights that the plaintiff must assert an equal protection claim, which means they claim that they were denied equal protection under the law based on their race and/or sex. Equal protection refers to the guarantee in the U.S. Constitution that all individuals are entitled to equal treatment under the law. 5. Separate Liability: The instruction emphasizes that an employer can be held separately liable for different instances of discrimination based on race and/or sex. This means that each discriminatory act can be treated as a separate offense, allowing the plaintiff to seek compensation for each occurrence of discriminatory conduct. It is important to note that Kentucky Jury Instruction — 1.1.3 specifically focuses on public employee equal protection claims regarding race and/or sex discrimination in a hostile work environment with separate liability. This instruction provides guidance to jurors in understanding the elements required to establish such a legal claim and the potential liability of the employer.