Montana 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. Montana Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer This instruction pertains to cases involving claims of race or sex discrimination in a hostile work environment created or permitted by a supervisor in the state of Montana. The instruction outlines the key elements that need to be established for such a claim and provides an affirmative defense available to the employer. In order to prove a claim of race or sex discrimination in a hostile work environment, the plaintiff must demonstrate the following: 1. The plaintiff belongs to a protected class (based on race or sex). 2. The plaintiff was subjected to unwelcome, discriminatory conduct based on their race or sex. 3. The conduct was sufficiently severe or pervasive to create an abusive or hostile work environment. 4. The discriminatory conduct was either created or knowingly permitted by a supervisor or managerial employee. The instruction allows for an affirmative defense by the employer, which can absolve them of liability if proven. The defense requires the employer to show: 1. The employer exercised reasonable care to prevent and promptly correct any discriminatory behavior. 2. The employee unreasonably failed to take advantage of the preventive or corrective action provided by the employer. Different variations or types of this jury instruction may include specific elements or terminology depending on the particular circumstances of the case, such as: — Montana JurInstructionio— - 1.2.2.1: Race Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer— - Montana Jury Instruction — 1.2.2.2: Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer— - Montana Jury Instruction — 1.2.2.3: Multiple Protected Classes Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer. These variations would address specific instances where the discrimination claim extends to multiple protected classes or focuses solely on race or sex discrimination, offering tailored instructions to guide the jury's deliberations accordingly.

Montana Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer This instruction pertains to cases involving claims of race or sex discrimination in a hostile work environment created or permitted by a supervisor in the state of Montana. The instruction outlines the key elements that need to be established for such a claim and provides an affirmative defense available to the employer. In order to prove a claim of race or sex discrimination in a hostile work environment, the plaintiff must demonstrate the following: 1. The plaintiff belongs to a protected class (based on race or sex). 2. The plaintiff was subjected to unwelcome, discriminatory conduct based on their race or sex. 3. The conduct was sufficiently severe or pervasive to create an abusive or hostile work environment. 4. The discriminatory conduct was either created or knowingly permitted by a supervisor or managerial employee. The instruction allows for an affirmative defense by the employer, which can absolve them of liability if proven. The defense requires the employer to show: 1. The employer exercised reasonable care to prevent and promptly correct any discriminatory behavior. 2. The employee unreasonably failed to take advantage of the preventive or corrective action provided by the employer. Different variations or types of this jury instruction may include specific elements or terminology depending on the particular circumstances of the case, such as: — Montana JurInstructionio— - 1.2.2.1: Race Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer— - Montana Jury Instruction — 1.2.2.2: Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer— - Montana Jury Instruction — 1.2.2.3: Multiple Protected Classes Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer. These variations would address specific instances where the discrimination claim extends to multiple protected classes or focuses solely on race or sex discrimination, offering tailored instructions to guide the jury's deliberations accordingly.