Washington Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — with Affirmative Defense by Employer Keywords: Washington, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer Description: Washington Jury Instruction — 1.2.2 pertains to cases involving allegations of race and/or sex discrimination in a hostile work environment, where the supervisor is accused of creating or permitting such an environment. This instruction is significant as it outlines the legal standards and guidelines for the jury to determine liability and evaluate any affirmative defense raised by the employer. In cases of race and/or sex discrimination, where a hostile work environment has been created or allowed by a supervisor, the jury must consider the following elements: 1. Hostile Work Environment: The plaintiff must prove that the work environment was hostile or abusive based on their race and/or sex. This can be demonstrated through evidence of unwelcome conduct, which is severe and pervasive enough to create an offensive, intimidating, or hostile work environment. 2. Supervisor's Responsibility: The plaintiff must establish that the hostile work environment was created or permitted by their supervisor. This means that the actions or behavior causing the hostile environment were committed by an individual who had direct or indirect supervisory authority over the plaintiff. 3. Employer's Knowledge: The plaintiff must show that the employer had knowledge or should have known about the existence of the hostile work environment. If the employer had knowledge, they can be held liable for their supervisor's actions. 4. Affirmative Defense by Employer: The employer has an opportunity to raise an affirmative defense to avoid or limit liability. The employer can assert that they took reasonable measures to prevent and correct any discriminatory behavior, and the plaintiff unreasonably failed to take advantage of those measures. If the employer can prove this defense, they may not be held liable for the supervisor's discriminatory conduct. Different types of Washington Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer may be specified for specific scenarios, such as: — Hostile Work Environment based on race discrimination created or permitted by the supervisor, with affirmative defense by employer. — Hostile Work Environment based on sex discrimination created or permitted by the supervisor, with affirmative defense by employer. — Combined Hostile Work Environment based on both race and sex discrimination created or permitted by the supervisor, with affirmative defense by employer. These variations cater to different aspects and combinations of sex and race discrimination in a hostile work environment and help the jury evaluate the specific circumstances of each case.