Wisconsin Jury Instruction — 1.9.3 Miscellaneous Issues Retaliation provides guidance to the jury regarding retaliation claims in a legal case. This instruction is designed to help the jury understand the concept of retaliation and its role in the case at hand. Retaliation refers to taking adverse actions against an individual in response to their involvement in a protected activity, such as reporting discrimination, whistleblowing, or exercising their rights. It is crucial for the jury to comprehend and apply this instruction correctly since retaliation can be a significant factor in determining the outcome of a case. Here are some important points covered in this Wisconsin Jury Instruction: 1. Definition of retaliation: The instruction begins by defining retaliation. Retaliation occurs when an individual suffers detrimental treatment as a direct consequence of engaging in a legally protected activity. 2. Elements of a retaliation claim: The instruction outlines the essential elements required to prove a retaliation claim. These typically include: — Participation in a protected activity: The plaintiff must establish that they engaged in a protected activity outlined by applicable laws, such as reporting unlawful conduct or discriminatory practices. — Adverse action: The plaintiff needs to demonstrate that they suffered adverse consequences as a result of their engagement in the protected activity. Adverse actions can include termination, demotion, harassment, or other forms of mistreatment. — Causal connection: The plaintiff must establish a causal link between their participation in the protected activity and the adverse action taken against them. This means showing that the adverse action was a direct result of their involvement in the protected activity. 3. Protected activities: The instruction explains the different types of activities that are legally protected, including but not limited to: — Reporting discrimination: Individuals reporting incidents of workplace discrimination, such as based on race, gender, age, or disability, are protected from retaliation. — Whistleblowing: Employees who report unlawful or unethical practices within their organization are safeguarded against retaliation. — Exercising legal rights: Engaging in activities protected under state or federal laws, such as taking family or medical leave, filing a workers' compensation claim, or participating in union activities, is protected from retaliation. 4. Employer liability: The instruction may also address employer liability for retaliation claims. Employers can sometimes be held responsible for the actions of their employees if they knowingly or negligently permit retaliation to occur in their workplace. It is important to note that the specific details and variations of Wisconsin Jury Instruction — 1.9.3 Miscellaneous Issues Retaliation may differ depending on the case, jurisdiction, and applicable laws. Different legal cases could have varying instructions tailored to their specific circumstances or legal statutes.