Kentucky Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer In employment law, a hostile work environment refers to a workplace where pervasive harassment, discrimination, or offensive conduct makes it difficult for employees to perform their duties. Kentucky 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 used in Kentucky to address cases involving allegations of race and/or sex discrimination resulting in a hostile work environment, which the supervisor either created or permitted. In these cases, the burden lies on the plaintiff, the individual bringing the complaint, to prove that their supervisor's actions or inaction led to a hostile work environment. To establish this, the plaintiff must show the following: 1. Race and/or sex discrimination: The plaintiff needs to provide evidence that they experienced discrimination based on their race and/or sex. This could include discriminatory remarks, unwarranted disciplinary actions, exclusion from work-related activities, or any other behavior that establishes discriminatory intent. 2. Hostile work environment: It is crucial to demonstrate that the work environment became hostile as a result of the supervisor's actions or tolerance. This entails showing that the offensive behavior was severe or pervasive enough to negatively impact the plaintiff's ability to perform their job effectively. The plaintiff may present testimonies, documentation of incidents, or other evidence to support their claim. However, employers have an affirmative defense available to them in these cases. If proven, an affirmative defense absolves the employer from liability for the supervisor's actions or the hostile work environment. The affirmative defense can be established by demonstrating: 1. Reasonable care: The employer must show that they took reasonable steps to prevent and address harassment or discrimination in the workplace. This may include implementing anti-discrimination policies, conducting training programs, or establishing complaint procedures. 2. Prompt and appropriate action: The employer needs to prove that they took prompt and appropriate action once they became aware of the harassment or hostility. This involves investigating the allegations, addressing the situation adequately, and applying appropriate disciplinary measures. Different types of Kentucky 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 based on specific circumstances or variations in evidence. However, the core elements of this instruction remain consistent in cases involving supervisor-created or permitted hostile work environments due to race and/or sex discrimination. It is essential to consult with legal professionals and review the specific instructions relevant to the case in question to ensure accuracy and proper application of the law.