Franklin Ohio Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer In Franklin, Ohio, there are specific jury instructions provided for cases involving race and/or sex discrimination in the workplace. Instruction 1.2.2 addresses the scenario of a hostile work environment that has been created or permitted by a supervisor, with an affirmative defense available for the employer. This jury instruction aims to guide jurors in understanding the legal elements and considerations when determining liability in a case involving race and/or sex discrimination. Key aspects of this instruction include: 1. Hostile Work Environment: The instruction emphasizes that a hostile work environment refers to an environment where discriminatory conduct, whether through actions, words, or both, is severe or pervasive enough to affect the terms and conditions of employment. The targeted employee must prove that the hostile environment was created or permitted by a supervisor. 2. Discrimination Based on Race and/or Sex: The instruction highlights that the hostile work environment must be based on race and/or sex. Discrimination can include displaying discriminatory animosity, making offensive comments or jokes, engaging in inappropriate physical behavior, or fostering an atmosphere where such actions go unaddressed or tolerated. 3. Created or Permitted by a Supervisor: The instruction specifies that the hostile work environment must be created or permitted by a supervisor, which can be an individual with authority to make employment-related decisions or someone with direct supervisory control over the targeted employee. 4. Affirmative Defense by Employer: An affirmative defense provides a legal avenue for the employer to avoid liability. If the employer can prove they exercised reasonable care to prevent or promptly correct the alleged conduct and the employee unreasonably failed to take advantage of the preventive or corrective opportunities provided, the employer may escape liability. Different types or variations of this jury instruction may exist depending on the specific nuances of the case or variations in jury instructions across jurisdictions. It is important to consult the specific jury instructions applicable in the Franklin, Ohio area to ensure accurate guidance and understanding during a trial involving race and/or sex discrimination in a hostile work environment, created or permitted by a supervisor, with an affirmative defense by the employer.