This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.
Allegheny Pennsylvania Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer: In Allegheny County, Pennsylvania, the jury instruction 1.2.2 addresses the issue of race and/or sex discrimination, specifically hostile work environments created or permitted by a supervisor, with an affirmative defense by the employer. This instruction provides guidance to the jury members on how to evaluate claims of discrimination based on race and/or sex in the workplace and the potential affirmative defenses that the employer may raise. The instruction emphasizes that an essential element of the claim is the existence of a hostile work environment. It explains that a hostile work environment is one in which offensive conduct related to race or sex, whether verbal, physical, or visual, is severe or pervasive enough to create an intimidating, hostile, or abusive work environment. The instruction also clarifies that the alleged harassment must be based on the individual's race or sex, and not merely a general unpleasant work atmosphere. The instruction informs the jury that the supervisor's role is crucial in determining liability. It explains that the supervisor's discriminatory conduct could be imputed to the employer, making the employer vicariously liable for the supervisor's actions. Furthermore, the instruction addresses the affirmative defense available to the employer. If the employer can demonstrate that it exercised reasonable care to prevent and promptly correct any discriminatory behavior and that the employee unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer, then the employer may escape liability. Keywords: Allegheny, Pennsylvania, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer liability, vicarious liability, offensive conduct, harassment, reasonable care, preventive measures, corrective actions, discriminatory behavior. Additional types of Allegheny Pennsylvania Jury Instruction 1.2.2 in relation to race and/or sex discrimination hostile work environment created or permitted by a supervisor with an affirmative defense by the employer may include: 1. Allegheny Pennsylvania Jury Instruction — 1.2.2a Race Discrimination Hostile Work Environment Created Or Permitted By Supervisor — AffirmativDefensens— - Prompt Corrective Action: This instruction may focus on the employer's affirmative defense by demonstrating that it took prompt and appropriate corrective action against race discrimination in the hostile work environment created or permitted by the supervisor. 2. Allegheny Pennsylvania Jury Instruction — 1.2.2b Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — AffirmativDefensens— - Prevention Measures: This instruction may highlight how an employer, as a defense, can establish that it took reasonable preventive measures to address sex discrimination in a hostile work environment created or permitted by a supervisor. 3. Allegheny Pennsylvania Jury Instruction — 1.2.2c Race And Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — AffirmativDefensens— - Employee's Failure To Report Or Exhaust Remedies: This instruction may address situations where an employer attempts to defend against liabilities by demonstrating that the employee unreasonably failed to report or exhaust internal remedies provided by the employer to address race and/or sex discrimination in a hostile work environment created or permitted by a supervisor. Please note that the above-mentioned additional types are hypothetical examples and may not correspond to the actual Allegheny Pennsylvania Jury Instructions.
Allegheny Pennsylvania Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer: In Allegheny County, Pennsylvania, the jury instruction 1.2.2 addresses the issue of race and/or sex discrimination, specifically hostile work environments created or permitted by a supervisor, with an affirmative defense by the employer. This instruction provides guidance to the jury members on how to evaluate claims of discrimination based on race and/or sex in the workplace and the potential affirmative defenses that the employer may raise. The instruction emphasizes that an essential element of the claim is the existence of a hostile work environment. It explains that a hostile work environment is one in which offensive conduct related to race or sex, whether verbal, physical, or visual, is severe or pervasive enough to create an intimidating, hostile, or abusive work environment. The instruction also clarifies that the alleged harassment must be based on the individual's race or sex, and not merely a general unpleasant work atmosphere. The instruction informs the jury that the supervisor's role is crucial in determining liability. It explains that the supervisor's discriminatory conduct could be imputed to the employer, making the employer vicariously liable for the supervisor's actions. Furthermore, the instruction addresses the affirmative defense available to the employer. If the employer can demonstrate that it exercised reasonable care to prevent and promptly correct any discriminatory behavior and that the employee unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer, then the employer may escape liability. Keywords: Allegheny, Pennsylvania, jury instruction, race discrimination, sex discrimination, hostile work environment, supervisor, affirmative defense, employer liability, vicarious liability, offensive conduct, harassment, reasonable care, preventive measures, corrective actions, discriminatory behavior. Additional types of Allegheny Pennsylvania Jury Instruction 1.2.2 in relation to race and/or sex discrimination hostile work environment created or permitted by a supervisor with an affirmative defense by the employer may include: 1. Allegheny Pennsylvania Jury Instruction — 1.2.2a Race Discrimination Hostile Work Environment Created Or Permitted By Supervisor — AffirmativDefensens— - Prompt Corrective Action: This instruction may focus on the employer's affirmative defense by demonstrating that it took prompt and appropriate corrective action against race discrimination in the hostile work environment created or permitted by the supervisor. 2. Allegheny Pennsylvania Jury Instruction — 1.2.2b Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — AffirmativDefensens— - Prevention Measures: This instruction may highlight how an employer, as a defense, can establish that it took reasonable preventive measures to address sex discrimination in a hostile work environment created or permitted by a supervisor. 3. Allegheny Pennsylvania Jury Instruction — 1.2.2c Race And Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — AffirmativDefensens— - Employee's Failure To Report Or Exhaust Remedies: This instruction may address situations where an employer attempts to defend against liabilities by demonstrating that the employee unreasonably failed to report or exhaust internal remedies provided by the employer to address race and/or sex discrimination in a hostile work environment created or permitted by a supervisor. Please note that the above-mentioned additional types are hypothetical examples and may not correspond to the actual Allegheny Pennsylvania Jury Instructions.