Missouri Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer This Missouri Jury Instruction, 1.2.2, provides guidance on cases of race and/or sex discrimination in a hostile work environment that is created or permitted by a supervisor. It specifically focuses on situations where an employer wishes to assert an affirmative defense to counter the allegations. Keywords: Missouri, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer. Description: Missouri Jury Instruction — 1.2.2 addresses cases involving race and/or sex discrimination in a hostile work environment that is either created or permitted by a supervisor. This instruction is crucial for understanding the legal framework in Missouri when such discrimination occurs. The instruction recognizes that supervisors have a responsibility to prevent discrimination and harassment in the workplace, including taking appropriate measures to foster a respectful and inclusive environment. However, there may be instances where supervisors fail to fulfill this duty, resulting in a hostile work environment based on race or sex. Instances of discrimination in the workplace can involve offensive remarks, derogatory language, inappropriate jokes, unwelcome advances, or other forms of conduct that create an unprofessional and offensive atmosphere for employees. This instruction acknowledges that such behavior, when committed or allowed by a supervisor, can create a hostile work environment and therefore violates the rights of the affected employees. Importantly, this jury instruction allows the employer to assert an affirmative defense to counter the allegations of race and/or sex discrimination. This defense provides an opportunity for the employer to present evidence that they took reasonable steps to prevent and promptly correct any discriminatory behavior. If the employer is successful in establishing this affirmative defense, they may avoid liability for the hostile work environment created or permitted by the supervisor. Different types of Missouri Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer: 1. Missouri Jury Instruction — 1.2.2 (a): This instruction explains the elements required to prove the existence of race and/or sex discrimination in a hostile work environment created or permitted by a supervisor. It outlines the burden of proof placed on the plaintiff and the standards that will be used in the case. 2. Missouri Jury Instruction — 1.2.2 (b): This instruction details the affirmative defense that can be asserted by the employer. It sets forth the evidence required to establish this defense, including the reasonable steps taken by the employer to prevent and correct the discriminatory behavior. 3. Missouri Jury Instruction — 1.2.2 (c): This instruction provides additional guidance on the burden of proof for both the plaintiff and the defendant in cases of race and/or sex discrimination in a hostile work environment. It clarifies the standards of evidence that need to be met by each party.