Louisiana Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and or Sex Discrimination Hostile Work Environment — Separate Liability In Louisiana, when a public employee files an equal protection claim based on race and/or sex discrimination in a hostile work environment, the concept of separate liability applies. This means that both the individual employee who engaged in discriminatory behavior and the public employer can be held liable for their actions. The purpose of this jury instruction is to provide guidance to the jury members who are responsible for determining whether the defendant, either the employee or the employer, should be held accountable for the alleged discriminatory conduct. It is crucial for the jury to understand the legal framework and standards relevant to this type of claim. The jury instruction covers various aspects, which may include the following key components: 1. Equal Protection Claim: It outlines the legal basis for the public employee's claim, emphasizing that the Constitution guarantees equal protection under the law and prohibits discrimination based on race and/or sex. 2. Hostile Work Environment: This instruction defines a hostile work environment as an environment in which the employee is subjected to pervasive harassment or discrimination that is based on race and/or sex, making their work environment hostile, intimidating, or offensive. 3. Separate Liability: The instruction explains that both the individual employee and the public employer can be held liable for their discriminatory actions. It clarifies that the employer may be liable if they knew or should have known about the discriminatory conduct but failed to take appropriate action to prevent or address it. 4. Legal Standards: The instruction provides the jury with legal standards they should consider when determining liability. This may include elements such as whether the employee's conduct was severe and pervasive enough to create a hostile work environment, whether the employer had knowledge of the conduct, and whether the employer took prompt and appropriate action to address the harassment. 5. Evidence and Burden of Proof: The instruction may also discuss the types of evidence that may be presented during the trial, such as witness testimonies, documents, or any other relevant information. It clarifies that the burden of proof lies with the plaintiff to establish that they were subjected to unlawful discrimination and that either the individual employee or the employer should be held liable. Different types of Louisiana Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and or Sex Discrimination Hostile Work Environment — Separate Liability may exist based on specific circumstances or factual variations presented in the case. However, the general purpose remains the same — to guide the jury members in their deliberations and decision-making process while ensuring a fair and just outcome.