The South Dakota Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability provides guidance and instruction to the jury regarding a specific type of legal claim. This instruction focuses on the equal protection rights of public employees who have experienced race and/or sex discrimination in a hostile work environment. When a public employee believes they have been subjected to discrimination based on their race and/or sex in their workplace, and this discrimination has created a hostile work environment, they may pursue a legal claim for violation of their equal protection rights. In such cases, this jury instruction outlines the specific elements that need to be proven to establish liability. The instruction emphasizes the requirement of separate liability for the employer or the entity responsible for maintaining the work environment, indicating that the alleged hostile work environment should be evaluated independently of other forms of discrimination claims. This means that even if other claims for discrimination are unsuccessful, if the jury finds that a hostile work environment exists due to race and/or sex discrimination, the defendant may still be held liable. Some keywords relevant to this jury instruction include: 1. Public employee: Refers to an individual who works for a governmental agency or organization in a paid capacity. 2. Equal protection: Seeks to ensure that all individuals, regardless of their race or sex, receive equal treatment and are protected against discrimination. 3. Discrimination: In this context, refers to the unfair treatment or unfavorable actions taken against an individual based on their race and/or sex. 4. Hostile work environment: Occurs when discriminatory behavior, actions, or pervasive conduct creates an intimidating, offensive, or hostile atmosphere that significantly affects an individual's ability to work. 5. Separate liability: Establishes that a hostile work environment claim based on race and/or sex discrimination can be pursued independently of other discrimination claims. 6. Jury instruction: Provides guidance and clarification to the jury regarding the applicable laws, elements to consider, and their role in evaluating evidence during a trial. 7. South Dakota: Specifies that this instruction is specific to the state of South Dakota and should be followed in its courts. This jury instruction helps ensure that public employees in South Dakota have the opportunity to seek legal recourse if they have been subjected to race and/or sex discrimination in a hostile work environment. By emphasizing the importance of separate liability, the instruction clarifies that a claim for a hostile work environment can be pursued even if other discrimination claims are not upheld.