North Carolina 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. North Carolina Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer In North Carolina, an employer may be held liable for a hostile work environment created or permitted by a supervisor based on race and/or sex discrimination. This instruction outlines the elements of such a claim and includes an affirmative defense that the employer may raise. Elements of the Claim: — The plaintiff must establish that they were subjected to a hostile work environment based on their race and/or sex. — The plaintiff must show that the workplace was permeated with intimidation, ridicule, or insult, which was sufficiently severe or pervasive to alter their conditions of employment and create an abusive working environment. — The plaintiff must demonstrate that the hostile work environment was created or permitted by their supervisor. — The plaintiff must also prove that the supervisor's discriminatory conduct was because of the plaintiff's race and/or sex. Affirmative Defense by the Employer: The defendant employer may assert an affirmative defense by showing: — The employer exercised reasonable care to prevent and promptly correct any harassing behavior. — The plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to address the alleged harassment. Different Types of North Carolina Jury Instructions — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer: 1. Hostile work environment based on race discrimination: This type of instruction specifically focuses on a hostile work environment created or permitted by a supervisor based on race discrimination. 2. Hostile work environment based on sex discrimination: This instruction centers on a hostile work environment created or permitted by a supervisor rooted in sex discrimination. It is important to note that while the main elements of the claim and the affirmative defense remain the same, the specific details and evidentiary requirements may vary depending on the type of discrimination alleged (race or sex). North Carolina courts should provide further guidance and clarity on these instructions based on relevant case law and precedents.

North Carolina Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer In North Carolina, an employer may be held liable for a hostile work environment created or permitted by a supervisor based on race and/or sex discrimination. This instruction outlines the elements of such a claim and includes an affirmative defense that the employer may raise. Elements of the Claim: — The plaintiff must establish that they were subjected to a hostile work environment based on their race and/or sex. — The plaintiff must show that the workplace was permeated with intimidation, ridicule, or insult, which was sufficiently severe or pervasive to alter their conditions of employment and create an abusive working environment. — The plaintiff must demonstrate that the hostile work environment was created or permitted by their supervisor. — The plaintiff must also prove that the supervisor's discriminatory conduct was because of the plaintiff's race and/or sex. Affirmative Defense by the Employer: The defendant employer may assert an affirmative defense by showing: — The employer exercised reasonable care to prevent and promptly correct any harassing behavior. — The plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to address the alleged harassment. Different Types of North Carolina Jury Instructions — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer: 1. Hostile work environment based on race discrimination: This type of instruction specifically focuses on a hostile work environment created or permitted by a supervisor based on race discrimination. 2. Hostile work environment based on sex discrimination: This instruction centers on a hostile work environment created or permitted by a supervisor rooted in sex discrimination. It is important to note that while the main elements of the claim and the affirmative defense remain the same, the specific details and evidentiary requirements may vary depending on the type of discrimination alleged (race or sex). North Carolina courts should provide further guidance and clarity on these instructions based on relevant case law and precedents.