Suffolk New York Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and or Sex Discrimination Hostile Work Environment — Separate Liability: This jury instruction is aimed at providing guidance to jurors in Suffolk County, New York, when deliberating on a public employee's equal protection claim pertaining to race and/or sex discrimination within a hostile work environment. It addresses the concept of separate liability, which is an important factor to consider in such cases. In cases involving public employees who allege race and/or sex discrimination, two types of separate liability may be applicable: 1. Employer's Separate Liability: The instruction outlines the circumstances under which the employer of the accused employee may be held separately liable for the discriminatory actions within the hostile work environment. It details the legal elements that must be established by the plaintiff to prove the employer's liability, such as knowledge or constructive knowledge of the discriminatory conduct and failure to take prompt and appropriate remedial action. 2. Coworker's Separate Liability: This instruction also discusses the potential separate liability of a coworker who participated in creating or maintaining the hostile work environment. It provides the jurors with the criteria that need to be met to hold a coworker accountable, such as involvement in the discriminatory conduct, the creation of specific hostile work conditions, or failure to report the harassment to the employer. To determine liability, jurors are advised to examine the totality of the circumstances and carefully consider the evidence presented during the trial. They must assess whether the defendant(s) engaged in conduct that would be seen as discriminatory and abusive, creating a hostile work environment based on race and/or sex. The instruction also guides jurors to consider whether the plaintiff was subjected to adverse employment actions and whether those actions were motivated by the protected characteristics of race and/or sex. The Suffolk New York Jury Instruction — 1.1.3 Public Employee Equal Protection Claim Race and or Sex Discrimination Hostile Work Environment — Separate Liability is crucial in educating and informing jurors about the specific legal aspects and elements required to establish separate liability in cases of public employee equal protection claims involving race and/or sex discrimination within a hostile work environment. The instruction ensures a fair and just evaluation of the evidence, allowing the jury to reach a well-informed decision based on the applicable laws and legal principles.