Oregon 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 legal instruction that is used in cases involving allegations of race and/or sex discrimination in the workplace. This instruction provides guidance to the jury on how to evaluate a claim of a hostile work environment created or permitted by a supervisor. In a lawsuit alleging race or sex discrimination, the plaintiff (the individual who filed the complaint) may argue that their supervisor created or allowed a hostile work environment. A hostile work environment refers to an environment where unwelcome comments, actions, or behavior based on race or sex are severe or pervasive enough to create an abusive or intimidating atmosphere. Here is a breakdown of the different components of this Oregon Jury Instruction: 1.2.2 Race and/or Sex Discrimination: This instruction focuses specifically on cases involving race and/or sex discrimination. It is applicable when the alleged discrimination is based on the plaintiff's race or sex. Hostile Work Environment: This instruction deals with claims of a hostile work environment. It instructs the jury on how to determine whether the conduct in question qualifies as a hostile work environment and whether the supervisor's actions contributed to it. Created or Permitted by Supervisor: This part of the instruction focuses on the role of the defendant's supervisor. It establishes that the supervisor is responsible for either creating or allowing the hostile work environment to occur. The plaintiff must prove that the supervisor's conduct was a significant contributing factor to the hostile environment. Affirmative Defense by Employer: This instruction also introduces the concept of an affirmative defense by the employer. An affirmative defense is a legal argument that, if successfully proven by the defendant (the employer in this case), can absolve them of liability. The exact details of the affirmative defense will depend on the specific circumstances of the case. It is essential to note that the actual language and elements of this instruction may vary depending on the specific laws and regulations in effect in Oregon. It is crucial to consult the relevant Oregon statutes and case law for an accurate and up-to-date explanation of this legal instruction.