Los Angeles California Jury Instruction — 1.2.2 Race and/or Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer This particular jury instruction in Los Angeles, California pertains to cases involving allegations of race and/or sex discrimination resulting in a hostile work environment that was either created or permitted by a supervisor. This instruction also addresses the affirmative defense that an employer can present in such cases. In cases where an employee claims that their supervisor engaged in discriminatory behavior based on race and/or sex, resulting in a hostile work environment, this jury instruction serves as a guideline for the jury to consider. The instruction provides detailed information on the elements that need to be proven to establish such a claim. It also outlines the defenses that an employer can present to counter the accusations made by the employee. The instruction may cover various components such as: 1. Hostile work environment: The instruction defines what constitutes a hostile work environment and explains the factors that need to be considered to determine if the conduct was severe or pervasive enough to create an abusive atmosphere. 2. Discrimination based on race and/or sex: The instruction details the legal definition of discrimination based on race and/or sex. It highlights the requirements that need to be met for a plaintiff to demonstrate that the harassment was due to their race and/or sex. 3. Supervisor liability: The instruction explores the circumstances under which a supervisor can be held personally liable for the hostile work environment created or permitted. It explains the standards of knowledge, control, and authority that need to be established to attribute liability to the supervisor. 4. Affirmative defense by the employer: This section outlines the affirmative defense that the employer can present if they can demonstrate specific elements. These elements may include showing that the employer had a policy in place to address harassment complaints, that the policy was effectively communicated to employees, and that the employee unreasonably failed to avail themselves of the employer's complaint procedure. Other potential types of Los Angeles California Jury Instructions covering similar topics may include variations that pertain to different protected characteristics, such as Jury Instruction — 1.2.2 Age Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer or Jury Instruction — 1.2.2 Disability Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer. Each of these would address the unique considerations and legal standards associated with discrimination claims based on age or disability, respectively, in the context of a hostile work environment.