Mecklenburg North Carolina Jury Instruction - 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor - With Affirmative Defense By Employer

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• County: Mecklenburg
• Control #: US-11CF-1-2-2
• Format: Word; Rich Text

Description

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.

Mecklenburg North Carolina 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 by the court to guide the jury in cases involving allegations of discrimination based on race and/or sex resulting in a hostile work environment. This instruction explains the elements that must be proven by the plaintiff to establish their case, as well as the affirmative defense that the employer can assert to defend against the claims. The purpose of Mecklenburg North Carolina Jury Instruction — 1.2.2 is to ensure a fair and just trial by providing the jury with clear guidelines on evaluating the evidence and understanding the legal principles at play. This instruction covers cases where the plaintiff alleges that their supervisor, by their actions or omissions, intentionally created or permitted a hostile work environment based on race and/or sex, leading to a violation of their rights. To establish a claim under this instruction, the plaintiff must prove the following elements: 1. That the plaintiff was a member of a protected class (race and/or sex). 2. That the plaintiff was subject to unwelcome harassment or discrimination based on their race and/or sex. 3. That the harassment or discrimination was sufficiently severe or pervasive to alter the terms, conditions, or privileges of their employment and create an abusive work environment. 4. That the supervisor(s) knew or should have known about the harassment or discrimination and failed to take prompt and appropriate action to prevent or correct it. 5. That the employer is liable for the supervisor's actions or failure to act, based on the legal theory of vicarious liability. Furthermore, the instruction includes an affirmative defense that the employer can assert if proven effective. The affirmative defense provides that if the employer can show: 1. That they exercised reasonable care to prevent and promptly correct any harassing behavior. 2. That the plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer. 3. That the plaintiff's failure to take advantage of these opportunities must have been the sole reason for the continuing hostile work environment. By asserting this defense, the employer can avoid liability for the supervisor's actions if they can prove that they had proper policies in place to prevent harassment, took appropriate action when made aware of the situation, and the plaintiff unreasonably failed to utilize the available grievance procedures. In summary, Mecklenburg North Carolina 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 detailed legal instruction that outlines the required elements for a successful claim of a hostile work environment due to race and/or sex discrimination, as well as the affirmative defense that the employer can assert. By following this instruction, the jury can properly evaluate the evidence and reach a fair verdict.