8.41 ELEMENTS OF CLAIM: HARASSMENT (By Supervisor With No Tangible Employment Action)

• Category: Federal - Jury Instructions - 8th Circuit - Civil - Agency Partnership
• State: Multi-State
• Control #: US-8THCIR-JURY-8-41
• Format: Word

Description

http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf 8.41 ELEMENTS OF CLAIM: HARASSMENT (By Supervisor With No Tangible Employment Action) is a type of claim that deals with illegal harassment by an individual in a supervisory position, without any tangible results or retaliatory action taken against the victim. This type of harassment can include verbal or physical abuse, threats, intimidation, or other forms of discrimination. The victim must show that the harassment was severe, pervasive, and targeted at them due to their race, color, religion, sex, national origin, age, disability, or other protected class. The victim must also prove that the harassment was unwelcome and had a negative effect on their job performance or the working environment. In addition, the victim must show that the employer failed to take any action to address the harassment. There are two types of 8.41 ELEMENTS OF CLAIM: HARASSMENT (By Supervisor With No Tangible Employment Action): quid pro quo and hostile work environment. Quid pro quo harassment involves a supervisor requiring an employee to submit to unwelcome sexual advances or other conduct in order to receive job benefits or avoid punishment. A hostile work environment involves unwelcome verbal, physical, or other conduct that creates an intimidating or offensive work environment.

8.41 ELEMENTS OF CLAIM: HARASSMENT (By Supervisor With No Tangible Employment Action) is a type of claim that deals with illegal harassment by an individual in a supervisory position, without any tangible results or retaliatory action taken against the victim. This type of harassment can include verbal or physical abuse, threats, intimidation, or other forms of discrimination. The victim must show that the harassment was severe, pervasive, and targeted at them due to their race, color, religion, sex, national origin, age, disability, or other protected class. The victim must also prove that the harassment was unwelcome and had a negative effect on their job performance or the working environment. In addition, the victim must show that the employer failed to take any action to address the harassment. There are two types of 8.41 ELEMENTS OF CLAIM: HARASSMENT (By Supervisor With No Tangible Employment Action): quid pro quo and hostile work environment. Quid pro quo harassment involves a supervisor requiring an employee to submit to unwelcome sexual advances or other conduct in order to receive job benefits or avoid punishment. A hostile work environment involves unwelcome verbal, physical, or other conduct that creates an intimidating or offensive work environment.