Massachusetts Jury Instruction - 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor - With Affirmative Defense By Employer

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-2-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. Massachusetts Jury Instruction 1.2.2: Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer Keywords: Massachusetts, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer Introduction: Massachusetts Jury Instruction 1.2.2 concerns cases of race and/or sex discrimination in the workplace, specifically focusing on a hostile work environment created or permitted by a supervisor. This instruction provides guidance to the jury regarding what constitutes a hostile work environment, the role of the supervisor, and the affirmative defense that the employer may assert in such cases. Types of Massachusetts Jury Instruction 1.2.2: 1. Supervisor's responsibility: This instruction emphasizes the role of a supervisor in preventing and addressing race and/or sex discrimination in the workplace. It explains that a supervisor can be held accountable for their own discriminatory actions or for allowing such behavior to persist. 2. Creation or permission of hostile work environment: The instruction outlines the necessary elements to establish a claim of a hostile work environment. It explains that the supervisor's conduct must be severe or pervasive enough to create an abusive or intimidating working environment based on an individual's race and/or sex. 3. Affirmative defense by the employer: This instruction discusses the affirmative defense that an employer may assert to avoid liability. It outlines the employer's responsibility in preventing and promptly addressing race and/or sex discrimination in the workplace, including implementing effective anti-discrimination policies and promptly investigating complaints. 4. Reasonable actions taken by the employer: This instruction highlights the employer's affirmative defense of demonstrating that they took reasonable and appropriate actions to prevent and correct any discriminatory behavior by a supervisor. It explains that if the employer can prove such actions, they may avoid liability for the supervisor's discriminatory conduct. 5. Failure to take remedial action by the employer: This instruction informs the jury that if the employer received complaints or had knowledge of the supervisor's discriminatory conduct but failed to take appropriate and timely remedial action, they may still be held liable, even if they initially asserted the affirmative defense. Conclusion: Massachusetts Jury Instruction 1.2.2 helps the jury understand the legal standards and framework concerning race and/or sex discrimination in relation to hostile work environments created or permitted by supervisors. By outlining the responsibilities of supervisors and employers and discussing the affirmative defense, it assists the jury in reaching an informed decision in such cases.

Massachusetts Jury Instruction 1.2.2: Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer Keywords: Massachusetts, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer Introduction: Massachusetts Jury Instruction 1.2.2 concerns cases of race and/or sex discrimination in the workplace, specifically focusing on a hostile work environment created or permitted by a supervisor. This instruction provides guidance to the jury regarding what constitutes a hostile work environment, the role of the supervisor, and the affirmative defense that the employer may assert in such cases. Types of Massachusetts Jury Instruction 1.2.2: 1. Supervisor's responsibility: This instruction emphasizes the role of a supervisor in preventing and addressing race and/or sex discrimination in the workplace. It explains that a supervisor can be held accountable for their own discriminatory actions or for allowing such behavior to persist. 2. Creation or permission of hostile work environment: The instruction outlines the necessary elements to establish a claim of a hostile work environment. It explains that the supervisor's conduct must be severe or pervasive enough to create an abusive or intimidating working environment based on an individual's race and/or sex. 3. Affirmative defense by the employer: This instruction discusses the affirmative defense that an employer may assert to avoid liability. It outlines the employer's responsibility in preventing and promptly addressing race and/or sex discrimination in the workplace, including implementing effective anti-discrimination policies and promptly investigating complaints. 4. Reasonable actions taken by the employer: This instruction highlights the employer's affirmative defense of demonstrating that they took reasonable and appropriate actions to prevent and correct any discriminatory behavior by a supervisor. It explains that if the employer can prove such actions, they may avoid liability for the supervisor's discriminatory conduct. 5. Failure to take remedial action by the employer: This instruction informs the jury that if the employer received complaints or had knowledge of the supervisor's discriminatory conduct but failed to take appropriate and timely remedial action, they may still be held liable, even if they initially asserted the affirmative defense. Conclusion: Massachusetts Jury Instruction 1.2.2 helps the jury understand the legal standards and framework concerning race and/or sex discrimination in relation to hostile work environments created or permitted by supervisors. By outlining the responsibilities of supervisors and employers and discussing the affirmative defense, it assists the jury in reaching an informed decision in such cases.