The Virginia Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer addresses workplace discrimination based on race and/or sex that is created or allowed by a supervisor, and the affirmative defense that an employer can assert. In a workplace setting, it is crucial to understand the legal implications of discriminatory practices. This jury instruction outlines the elements necessary to prove a claim of race or sex discrimination in a hostile work environment, where a supervisor is implicated. The instruction provides guidance for the jurors to consider when evaluating such a case. Following are the key components of the Virginia Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer: 1. Definition of Hostile Work Environment: The instruction defines a hostile work environment as an offensive, abusive, or intimidating environment that unreasonably interferes with an individual's work performance. Jurors are informed that a single, isolated incident is generally not sufficient to create a hostile work environment. 2. Discrimination: It states that the discrimination must be based on the victim's race or sex. The jury needs to determine if the supervisor engaged in discriminatory behavior due to race and/or sex. 3. Supervisor Liability: The instruction highlights that the discriminatory behavior must have been created or permitted by the supervisor. It discusses that the supervisor's actions can make the employer liable, as they have the authority to control the work environment. 4. Affirmative Defense by Employer: The instruction introduces the concept of affirmative defense, where an employer can avoid liability if certain conditions are met. It describes the employer's responsibility to prevent and promptly correct any discriminatory behavior, as well as actions taken to address complaints and provide appropriate training. It is important to note that this specific jury instruction, 1.2.2, deals specifically with race and/or sex discrimination in a hostile work environment caused or allowed by a supervisor, with an affirmative defense available to the employer. There may be additional instructions covering different types of discrimination or specific circumstances. Other potential types of Virginia Jury Instructions related to employment discrimination may include instructions on age discrimination, disability discrimination, religious discrimination, and retaliation. Each instruction would address the unique elements required to establish claims for those particular types of discrimination, as well as any affirmative defenses available to employers.