Cuyahoga Ohio Jury Instruction 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer is a legal instruction provided to jurors in Cuyahoga County, Ohio, regarding hostile work environments created or permitted by a supervisor, involving race and/or sex discrimination. This instruction helps jurors understand the legal standards and requirements in such cases. A hostile work environment refers to an environment in which discriminatory behavior, based on race or sex, makes it difficult for an employee to perform their job effectively. This instruction focuses on cases where the hostile work environment has been created or permitted by a supervisor, emphasizing the supervisor's role in ensuring a respectful and inclusive workplace. The Cuyahoga Ohio Jury Instruction 1.2.2 advises jurors that an employer may be held liable for a supervisor's discriminatory behavior if it contributed to creating or permitting the hostile work environment. However, three elements need to be proven for the plaintiff to establish their claim: 1. The plaintiff must show that they were subjected to unwelcome discriminatory conduct or comments based on race or sex. This can include offensive jokes, derogatory language, or any behavior that creates an intimidating, hostile, or offensive work environment. 2. The plaintiff must demonstrate that the conduct or comments were severe or pervasive enough to alter the terms and conditions of their employment. 3. The plaintiff needs to establish that the supervisor contributed to creating or permitting the hostile work environment. This can be proven if the defendant had actual or constructive knowledge of the discriminatory conduct and failed to take prompt and appropriate corrective action. If the plaintiff successfully establishes these elements, the burden then shifts to the employer to avail itself of an affirmative defense against liability. This affirmative defense requires the employer to prove they exercised reasonable care to prevent and promptly correct any discriminatory behavior. Additionally, the employer must show that the plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer. Different variations or types of Cuyahoga Ohio Jury Instruction 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer may exist depending on the specific circumstances of the case and any specific legal precedents. However, the core principles regarding hostile work environments and the roles of supervisors and employers in preventing or addressing discrimination remain the same.