Allegheny Pennsylvania Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability In Allegheny, Pennsylvania, Jury Instruction 1.1.3 relates to public employees who are facing a claim of race and/or sex discrimination in a hostile work environment. This instruction deals specifically with the concept of separate liability in such cases. The Allegheny Jury Instruction 1.1.3 recognizes that public employees have the right to be free from discrimination based on their race and/or sex in their workplace. If an employee alleges that they have been subjected to a hostile work environment due to race and/or sex discrimination, this instruction provides guidance to the jury to consider separate liability. To prove a claim under Jury Instruction 1.1.3, the employee must show that they have experienced a hostile work environment based on their race and/or sex. This can include a pattern of behavior, inappropriate comments, offensive jokes, or other actions that create an intimidating, offensive, or otherwise hostile atmosphere. However, Jury Instruction 1.1.3 introduces the concept of separate liability. It recognizes that public entities and individual supervisors or employees may be held separately liable for a hostile work environment based on race and/or sex discrimination. The instruction takes into consideration the differing levels of responsibility and power within an organization. For instance, it acknowledges that individuals with supervisory roles may bear more responsibility for maintaining a non-hostile work environment and preventing discrimination. At the same time, it acknowledges that public entities also have an obligation to provide a discrimination-free workplace. It is important for the jury to consider the actions and roles of both individual employees and public entities when determining liability in a public employee equal protection claim involving race and/or sex discrimination in a hostile work environment. Types of Allegheny Pennsylvania Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability: 1. Individual Liability: This refers to the liability of specific individuals, such as supervisors or coworkers, who engage in discriminatory behavior or create a hostile work environment based on race and/or sex. They may be held responsible for their actions that contribute to the hostile work environment. 2. Public Entity Liability: This refers to the liability of the public entity, such as a government agency or department, for failing to address, prevent, or rectify a hostile work environment based on race and/or sex discrimination. The public entity may be held responsible for failing to provide an environment free from discrimination and ensuring the well-being of its employees. In summary, Allegheny Pennsylvania Jury Instruction 1.1.3 addresses the issue of public employee equal protection claims involving race and/or sex discrimination in a hostile work environment. It outlines the concept of separate liability, which holds both individual employees and public entities responsible for their role in creating or allowing a hostile work environment to persist.