Montana Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability is a legal instruction that addresses claims made by public employees alleging discrimination based on race and/or sex in the context of a hostile work environment. This instruction focuses on determining liability in cases where more than one individual or entity may be held responsible for the discrimination experienced by the public employee. Under this instruction, there are different types of liability that can be established, including: 1. Individual Liability: This refers to holding a specific person accountable for their actions or behaviors that contribute to a hostile work environment. The instruction provides guidance on the factors that need to be considered in determining whether a particular individual can be held liable for their discriminatory actions towards the public employee. 2. Supervisor Liability: This type of liability focuses on the responsibility of supervisors or individuals in management roles within the public agency. The instruction outlines the criteria necessary to establish whether a supervisor should be held liable for their discriminatory conduct that creates a hostile work environment. 3. Employer Liability: This type of liability is associated with holding the public agency or entity responsible for the discrimination and hostile work environment endured by the employee. The instruction provides guidelines on determining whether the employer had knowledge of the discriminatory conduct, whether they took appropriate measures to address the issue, and whether they failed to prevent or rectify the hostile work environment. 4. Co-worker Liability: This type of liability focuses on the responsibility of co-workers in contributing to the hostile work environment through their discriminatory actions or behaviors. The instruction discusses the criteria for determining whether a co-worker can be held liable for their involvement in creating or perpetuating the hostile work environment. Overall, Montana Jury Instruction — 1.1.3 provides a comprehensive framework for understanding the different types of liability and factors to consider when determining responsibility for a public employee's equal protection claim relating to race and/or sex discrimination in the context of a hostile work environment.