New York 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. The New York Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer is a comprehensive guideline given to juries in New York to help them understand the legal aspects and nuances of hostile work environment claims in cases involving race and/or sex discrimination. This instruction provides a detailed description of what constitutes a hostile work environment, when it is created or permitted by a supervisor, and the affirmative defense that can be raised by the employer. Keywords: New York Jury Instruction, Race and/or Sex Discrimination, Hostile Work Environment, Created or Permitted by Supervisor, Affirmative Defense, Employer. This particular jury instruction addresses the following aspects: 1. Hostile Work Environment: The instruction first explains the concept of a hostile work environment in the context of race and/or sex discrimination. It details that a hostile work environment refers to workplace conditions that are intimidating, offensive, or abusive, making it difficult for an employee to perform their job. The hostility can be based on the employee's race, sex, or both, and can include verbal, physical, or visual harassment. 2. Supervisor Liability: The instruction highlights that the supervisor's actions are crucial in determining liability. It explains that an employer can be held responsible for the hostile work environment created or permitted by a supervisor, regardless of whether the employer was aware of the supervisor's actions. This implies that the actions of a supervisor can be imputed to the employer, potentially resulting in legal consequences. 3. Workplace Harassment: The instruction elaborates on the types of actions that can contribute to a hostile work environment, such as offensive jokes, derogatory comments, unwanted sexual advances, display of explicit material, or any behavior that creates an unpleasant or intimidating work atmosphere. It advises the jury to consider the severity, frequency, and pervasiveness of such conduct when determining whether a hostile work environment exists. 4. Affirmative Defense by the Employer: The instruction also outlines an affirmative defense available to employers. It explains that an employer can escape liability if they can demonstrate that they took reasonable measures to promptly address and rectify the hostile work environment. This defense may require the employer to prove that they had a clear anti-discrimination policy in place, provided appropriate training to employees, and took effective actions to prevent and correct any discriminatory behavior. Alternate types or variations of this jury instruction may include different scenarios involving hostile work environments based solely on race discrimination, solely on sex discrimination, or a combination of both. Each variation would present a tailored explanation and analysis based on the specific circumstances and relevant legal criteria.

The New York Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer is a comprehensive guideline given to juries in New York to help them understand the legal aspects and nuances of hostile work environment claims in cases involving race and/or sex discrimination. This instruction provides a detailed description of what constitutes a hostile work environment, when it is created or permitted by a supervisor, and the affirmative defense that can be raised by the employer. Keywords: New York Jury Instruction, Race and/or Sex Discrimination, Hostile Work Environment, Created or Permitted by Supervisor, Affirmative Defense, Employer. This particular jury instruction addresses the following aspects: 1. Hostile Work Environment: The instruction first explains the concept of a hostile work environment in the context of race and/or sex discrimination. It details that a hostile work environment refers to workplace conditions that are intimidating, offensive, or abusive, making it difficult for an employee to perform their job. The hostility can be based on the employee's race, sex, or both, and can include verbal, physical, or visual harassment. 2. Supervisor Liability: The instruction highlights that the supervisor's actions are crucial in determining liability. It explains that an employer can be held responsible for the hostile work environment created or permitted by a supervisor, regardless of whether the employer was aware of the supervisor's actions. This implies that the actions of a supervisor can be imputed to the employer, potentially resulting in legal consequences. 3. Workplace Harassment: The instruction elaborates on the types of actions that can contribute to a hostile work environment, such as offensive jokes, derogatory comments, unwanted sexual advances, display of explicit material, or any behavior that creates an unpleasant or intimidating work atmosphere. It advises the jury to consider the severity, frequency, and pervasiveness of such conduct when determining whether a hostile work environment exists. 4. Affirmative Defense by the Employer: The instruction also outlines an affirmative defense available to employers. It explains that an employer can escape liability if they can demonstrate that they took reasonable measures to promptly address and rectify the hostile work environment. This defense may require the employer to prove that they had a clear anti-discrimination policy in place, provided appropriate training to employees, and took effective actions to prevent and correct any discriminatory behavior. Alternate types or variations of this jury instruction may include different scenarios involving hostile work environments based solely on race discrimination, solely on sex discrimination, or a combination of both. Each variation would present a tailored explanation and analysis based on the specific circumstances and relevant legal criteria.