The Oregon Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability is a crucial legal instruction that provides guidance to juries in cases involving allegations of race and/or sex discrimination in the workplace, specifically within the context of public employment. This instruction outlines the key elements and considerations necessary to establish liability, and it aims to ensure fair treatment and protection for public employees who may have faced a hostile work environment based on their race or sex. In cases involving public employee equal protection claims related to race and/or sex discrimination, there may be different types of instructions and liability considerations. These can include: 1. Elements of Public Employee Equal Protection Claim: This instruction provides an overview of the essential elements required to establish a public employee equal protection claim. It explains that the plaintiff must demonstrate that they belong to a protected class based on race and/or sex, that they were subjected to a hostile work environment, and that the discriminatory behavior was based on their protected characteristics. 2. Hostile Work Environment: This instruction focuses on defining and explaining what constitutes a hostile work environment. It highlights that a hostile work environment arises when the conduct or actions of supervisors, co-workers, or others in the workplace create an abusive and offensive environment for the employee, making it difficult for them to perform their job effectively. 3. Separate Liability: This aspect of the instruction highlights the concept of separate liability when it comes to race and/or sex discrimination claims in a public employee context. It may explain that both the employer and the individual alleged to have engaged in discriminatory behavior can be held liable for creating or allowing a hostile work environment based on race or sex. 4. Prima Facie Case: This section may outline the elements necessary to establish a prima facie case of race and/or sex discrimination. It would explain that the plaintiff must show that they belong to a protected class, that they were subjected to unwelcome harassment or discriminatory behavior, that this behavior was based on their race or sex, that it unreasonably interfered with their work environment, and that a basis for employer liability exists (such as knowledge of the conduct and failure to take appropriate action). 5. Defenses and Considerations: The instruction may also cover potential defenses and considerations that the jury should take into account when evaluating the case. These may include the employer's actions in preventing and correcting discriminatory behavior, the reasonableness of the plaintiff's response to the alleged harassment, and any potential limitations or constraints on the employer's ability to address such issues promptly. In summary, the Oregon Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability provides vital guidance to juries in cases involving claims of race and/or sex discrimination within the public employment sector. It ensures that both employers and individuals engaging in discriminatory behavior can be held accountable for creating a hostile work environment and causing harm to employees.