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

• 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. 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 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.