West Virginia Jury Instruction — 1.2.2: Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer Keywords: West Virginia, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer Description: The West Virginia Jury Instruction 1.2.2 is a legal instruction provided to juries in West Virginia in cases related to race and sex discrimination. This specific instruction focuses on claims of a hostile work environment that has been either created or permitted by a supervisor, with an affirmative defense available to the employer. Under this instruction, the jury is guided to evaluate the evidence and determine whether the plaintiff has proven their claim of a hostile work environment based on race or sex discrimination. The instruction acknowledges that supervisors may be held accountable for their actions or omissions if they have contributed to the creation or allowance of such a hostile work environment. The plaintiff must demonstrate that the supervisor's conduct was unwelcome, based on race or sex, and severe or pervasive enough to create a hostile work environment. The instruction also emphasizes that the conduct must be objectively offensive to a reasonable person. However, an affirmative defense is available to the employer in these cases. If the employer can prove that it took prompt and appropriate corrective action to address the hostile work environment, the jury may find in favor of the employer. The affirmative defense aims to protect employers who have shown a commitment to preventing and addressing discrimination in the workplace. Different types of West Virginia Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer: It is important to note that there may not be different types of this specific instruction. The West Virginia Jury Instructions may be periodically updated or modified, but typically there are no variations of a single instruction. Instead, specific variations may be included within the instruction based on the facts and circumstances of each individual case. It is advisable to consult the most recent version of the West Virginia Jury Instructions or seek legal advice for the most accurate and up-to-date information regarding any specific types of variations for this particular instruction.