Fulton Georgia Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability: When it comes to public employee equal protection claims involving race and/or sex discrimination in a hostile work environment, Fulton Georgia has provided specific jury instructions to guide the court proceedings. This instruction specifically addresses the concept of separate liability, which means that certain individuals or entities may be held accountable for their actions independent of others involved. In cases involving a public employee's equal protection claim based on race and/or sex discrimination, the jury should consider the following: 1. Definition of a Hostile Work Environment: The instruction clarifies what constitutes a hostile work environment in the context of race and/or sex discrimination. The jury must understand that a hostile work environment exists when the conduct is severe or pervasive enough to create an intimidating, hostile, or offensive work environment that unreasonably interferes with the individual's work performance. 2. Individual Liability: In this type of case, the jury instruction emphasizes that individuals, such as supervisors or co-workers, can be held personally liable for their own discriminatory conduct that contributes to the hostile work environment. This means that if an individual's actions can be characterized as discriminatory and contribute to the creation of a hostile work environment, they may be held separately liable for their actions. 3. Municipal Liability: The instruction also highlights that the municipality or employer may be held responsible for the discriminatory actions of its employees under certain circumstances. The jury must consider whether the employer, such as the Fulton Georgia government or relevant municipal body, failed to take appropriate measures to prevent or address discrimination. 4. Retaliatory Actions: The instruction further reminds the jury to consider any retaliatory actions taken against the employee for reporting or opposing the alleged discrimination. Retaliation against the employee is unlawful and can be considered as a separate claim in such cases. Different types or categories of Fulton Georgia Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and/or Sex Discrimination Hostile Work Environment — Separate Liability may include variations in the types of discriminatory conduct involved (race-based, sex-based, or combination), different roles of individuals involved (supervisors, co-workers, or other employees), different levels of severity or pervasiveness of the hostile work environment, and potential variations in municipal liability based on the specific circumstances of each case. It is crucial for the jury to carefully deliberate on the evidence and testimony presented to determine whether the public employee's equal protection claim based on race and/or sex discrimination in a hostile work environment warrants separate liability for individuals or entities involved.