New Hampshire Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer provides guidance to juries in cases where an employee alleges a hostile work environment based on race and/or sex discrimination, which has been created or allowed by their supervisor. This instruction also acknowledges the affirmative defense that an employer can assert in such cases. Here is a detailed description and explanation of this jury instruction: 1. Overview: New Hampshire Jury Instruction — 1.2.2 addresses a specific type of workplace discrimination, highlighting the creation or allowance of a hostile work environment by a supervisor based on the employee's race and/or sex. This instruction aims to guide juries in understanding the elements required to prove such a claim and the affirmative defense available to the employer. 2. Elements of the Claim: To find in favor of the plaintiff, the jury must be convinced that the following elements have been proven by a preponderance of the evidence: a. Discrimination Based on Race and/or Sex: The plaintiff must demonstrate that they have been subjected to unwelcome conduct, such as offensive remarks, derogatory comments, or other acts, based on their race and/or sex. This behavior creates an environment that is hostile, intimidating, or abusive. b. Creation or Permission by the Supervisor: The plaintiff must show that the hostile work environment was caused or allowed by their supervisor. The supervisor can be either the plaintiff's direct supervisor or someone with supervisory authority over their employment. c. Reasonable Person Standard: The plaintiff needs to establish that a reasonable person in their position would find the work environment to be hostile based on race and/or sex discrimination. This helps to determine whether the conduct was severe or pervasive enough to alter the terms and conditions of employment. 3. Affirmative Defense by the Employer: The instruction also describes the affirmative defense that the employer can assert to counter the claim of a hostile work environment. If proven by the employer, this defense can absolve them from liability. The following elements are required to establish the defense: a. Prevention and Corrective Measures: The employer must demonstrate that they took reasonable steps to prevent and promptly correct any inappropriate behavior or actions in the workplace. This might include implementing anti-discrimination policies, providing training sessions, establishing complaint procedures, and effectively addressing reported incidents. b. No Tangible Employment Action: The employer must establish that the employee did not suffer any tangible employment action as a result of the alleged discrimination. A tangible employment action could include significant adverse consequences, such as demotion, termination, or a significant change in job responsibilities. c. Employee's Failure to Take Advantage of Preventive or Corrective Measures: To prove this element, the employer must show that the employee unreasonably failed to take advantage of the preventive or corrective measures provided by the employer to address the hostile work environment. It is important to note that the specific language and instructions provided under New Hampshire Jury Instruction — 1.2.2 may differ depending on the particular case, specific circumstances, and any relevant applicable laws. Overall, this instruction aims to assist juries in understanding and evaluating claims related to race and/or sex discrimination in the form of a hostile work environment created or permitted by a supervisor. By providing clear guidance and defining relevant legal standards, the instruction aids in ensuring fair and equitable decisions in these types of employment discrimination cases.
New Hampshire Jury Instruction - 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor - With Affirmative Defense By Employer
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Whether the environment constituted a [racially] [sexually] [other Title VII protected characteristic] hostile work environment is determined by looking at the totality of the circumstances, including the frequency of the harassing conduct, the severity of the conduct, whether the conduct was physically threatening or ...
It has four elements: Unwelcome; Sexual conduct or conduct directed at a protected category; Offensive to the recipient and to a ?reasonable person;? and, Conduct that is severe or pervasive (repeated).
The affirmative defense requires a showing 1) that the employer exercised reasonable care to avoid harassment and to eliminate it when it might occur, and 2) that the complaining employee failed to act with "reasonable care" to take advantage of the employer's safeguards and otherwise to prevent harm that could have ...
Under Title VII, a hostile work environment exists when the workplace is "permeated with discriminatory, intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." For example, evidence of sexual harassment ...
In order to establish a retaliation claim under Title VII, a plaintiff must demonstrate that: (1) she engaged in statutorily protected activity; (2) her employer took a materially adverse employment action against her; and (3) the protected activity and adverse job action are causally connected.
Title VII Defenses Employers charged with Title VII violations have a limited number of affirmative defenses including business necessity, bona fide occupational qualification, seniority and merit systems, and after-acquired evidence of actions of the employee.
An environment can become hostile when: Unwelcome conduct, or harassment, is based on race, sex, pregnancy, religion, national origin, age, disability or genetics. Harassment is continued and long lasting. Conduct is severe enough that the environment becomes intimidating, offensive or abusive.
To state a prima facie case of hostile work environment harassment, Plaintiff must show: (1) she belongs to a protected group; (2) she was subjected to unwelcome harassment; (3) that the harassment was based on sex; (4) that the harassment affected a term, condition, or privilege of her employment; and (5) Defendant ...