Michigan Jury Instruction 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer: In the state of Michigan, a jury instruction known as "1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer" is relevant for cases involving allegations of discrimination based on race and/or sex, specifically within the context of a hostile work environment. This instruction outlines the legal framework and standard of proof required to establish such a claim. This jury instruction recognizes that an employer can be held liable if a supervisor creates or permits a hostile work environment based on an employee's race and/or sex. The instruction provides guidance on when such conduct can be considered discriminatory and how the employer may present an affirmative defense to mitigate or eliminate their liability. The primary elements that need to be proven in such cases include: 1. The plaintiff, who is an employee, belongs to a protected class based on race and/or sex. 2. The supervisor's conduct created an unwelcome and hostile work environment. 3. The conduct was based on the plaintiff's race and/or sex. 4. The actions were severe or pervasive enough to alter the terms or conditions of the plaintiff's employment and create an abusive, intimidating, or hostile work environment. However, this instruction also includes an affirmative defense that the employer can present to avoid liability. The employer must show that: 1. It took reasonable steps to prevent and promptly correct any harassing behavior. 2. The plaintiff unreasonably failed to take advantage of the preventive or corrective measures provided by the employer. Different variations or types of this jury instruction may exist to address specific circumstances or legal principles related to race and/or sex discrimination in a hostile work environment, but the base instruction remains consistent. It is crucial to consult the most up-to-date and relevant version of the jury instruction as provided by the Michigan courts or legal authorities.
Michigan Jury Instruction - 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor - With Affirmative Defense By Employer
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Your public service as a juror protects our Constitutional right to have a trial by an impartial jury. The protection of our rights and liberties is accomplished through the teamwork of judge and jury, who, working together in a mutual effort, put into practice the principles of our heritage of freedom.
A jury instruction is a guideline given by the judge to the jury about the law they will have to apply to the facts they have found to be true. The purpose of the instructions is to help the jury arrive at a verdict that follows the law of that jurisdiction.
The role of the jury is to provide unbiased views or resolution to evidence presented in a case in a court of law. Jury service helps to support fairness in trials; jury service is able to give impartial viewpoints on cases that are presented in court.
The instructions are intended to describe trial procedures and duties in a manner that makes the legal process comprehensible to jurors, and to correctly state the law so that the jurors can apply it to the facts as they determine them to be.
To establish a hostile work environment, the plaintiff must prove each of the following elements by a preponderance of the evidence: The plaintiff was subjected to slurs, insults, jokes, verbal comments, non-consensual physical contact, or intimidation of a discriminatory or harassing nature. The conduct was unwelcome.
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.