Utah Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer This Utah jury instruction addresses discrimination cases related to a hostile work environment created or permitted by a supervisor based on race and/or sex. This instruction outlines the legal principles, elements, and defenses associated with such claims. It is important to note that the following content is a general description and should not be considered as legal advice. Always consult an attorney or relevant legal sources for accurate information. Keywords: Utah, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer. Description: 1. Purpose: The Utah Jury Instruction — 1.2.2 aims to guide the jurors during a trial involving allegations of race and/or sex discrimination resulting in a hostile work environment, specifically when the supervisor is responsible. It provides the necessary legal framework and criteria for determining liability. 2. Elements of the claim: — The plaintiff (employee) must prove that they belonged to a protected class (race or sex), and this characteristic was a motivating factor in the hostile work environment. — The plaintiff must establish that the work environment was indeed hostile, abusive, or offensive due to discriminatory actions or conduct. — The plaintiff must demonstrate that the hostile environment was created or permitted by their supervisor(s). — The plaintiff needs to show that the employer had knowledge of the hostile environment or should have known about it but failed to take appropriate measures to address the issue. 3. Affirmative defense by the employer: — If the employer wishes to assert an affirmative defense, they need to demonstrate that they took prompt and appropriate corrective action to prevent and rectify the hostile work environment effectively. — The employer must show that the employee failed to use the available preventive or corrective measures provided by the company to address the discrimination, or that the employee unreasonably failed to take advantage of such measures. — The employer must prove that they had appropriately adopted anti-discrimination policies and effectively communicated them to employees. — The employer needs to demonstrate that they promptly responded to complaints or reports of harassment, discrimination, or a hostile work environment and appropriately investigated the claims. It's important to mention that there might be different versions or variations of Utah jury instructions tailored to specific circumstances or legal interpretations. This general description can serve as a starting point, but always consult the relevant and up-to-date legal sources for accurate and jurisdiction-specific information.