Harris Texas 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 specific instruction given to juries in Harris County, Texas, regarding cases involving allegations of race and/or sex discrimination in the workplace. This instruction provides guidance on the legal principles and standards to be applied in such cases. In a case of hostile work environment created or permitted by a supervisor, where an employee alleges race and/or sex discrimination, this instruction outlines the legal requirements that need to be proven by the plaintiff (the employee) in order to establish a valid claim. It also presents an affirmative defense that can be raised by the defendant (the employer). The instruction may vary depending on the circumstances of the case, but generally, it covers the following elements: 1. Discrimination: The instruction requires the jury to determine whether the plaintiff was subjected to a hostile work environment based on their race and/or sex. The plaintiff must show that the discriminatory conduct was severe or pervasive enough to alter the terms and conditions of their employment. 2. Supervisor involvement: It must be proven that the hostile work environment was created or permitted by a supervisor. This means that the supervisor either directly engaged in the discriminatory behavior or knew about it and allowed it to continue. 3. Affirmative defense by the employer: The instruction allows the employer to raise an affirmative defense. Under this defense, the employer can avoid liability if they can demonstrate three conditions: a. The employer exercised reasonable care to prevent and promptly correct any harassing behavior. b. The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer. c. The employee's damages were solely caused by an individual other than the supervisor. This Harris Texas Jury Instruction helps jurors understand the legal principles involved in cases of race and/or sex discrimination, and guides them in assessing the evidence presented during the trial. It aims to ensure a fair evaluation of the facts and a just determination of liability.