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.