Texas 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 given to juries in Texas in cases where an employee alleges that they have been subjected to a hostile work environment based on race and/or sex discrimination. This instruction provides guidance on how to determine liability and responsibility in such cases, and it also outlines an affirmative defense that the employer can raise. In cases where an employee claims that they have been subjected to a hostile work environment created or permitted by their supervisor based on race and/or sex discrimination, this jury instruction helps the jury assess the evidence presented. It emphasizes that the employee must prove by a preponderance of the evidence that there was discriminatory conduct by the supervisor that created or permitted a hostile work environment. The instruction may further explain that a hostile work environment is one where the conduct based on race and/or sex is severe or pervasive enough to alter the conditions of employment and create an abusive working environment. Relevant factors for the jury to consider may include the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, and the impact it has on the employee's work performance. Additionally, this Texas Jury Instruction provides an affirmative defense that the employer can raise. According to this defense, the employer may be absolved of liability if they can prove that they exercised reasonable care to prevent and promptly correct any actionable behavior, and the employee unreasonably failed to take advantage of the employer's measures or failed to report the discriminatory conduct to an appropriate authority within the organization. By presenting this jury instruction, the court aims to ensure that the legal process is fair, and that all involved parties understand the criteria and standards upon which a decision is made. It provides a clear framework for determining liability and includes an affirmative defense to consider when evaluating the actions and responsibilities of the employer. Different variations or versions of Texas Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer may exist to reflect any updates in the law or to address specific situations or circumstances that may arise during a trial.