Oakland Michigan Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer The Oakland Michigan Jury Instruction 1.2.2 addresses the issue of race and/or sex discrimination in the workplace, specifically when a hostile work environment is created or permitted by a supervisor. This instruction is designed to assist the jury in understanding the legal aspects of such cases and the potential affirmative defense that the employer might use. In cases of race or sex discrimination, a hostile work environment refers to an employment setting where the conduct, actions, or behavior of a supervisor create an intimidating, offensive, or abusive atmosphere based on an individual's race or sex. This instruction emphasizes that it is crucial for the jury to consider the overall circumstances and the impact of the supervisor's conduct on the employee's well-being. The jury must determine if there is sufficient evidence to support the claim that the supervisor's actions, statements, or behavior were discriminatory and created a hostile work environment. The instruction also explains that the impact of the conduct should be evaluated from both an objective and subjective standpoint. In other words, not only should the behavior be perceivable by a reasonable person, but it should also have caused the victim to experience distress or harm. Moreover, this instruction highlights the potential affirmative defense that the employer may assert. It allows the employer to argue that despite the existence of a hostile work environment created or permitted by a supervisor, they took reasonable steps to prevent and promptly correct any discriminatory behavior. If the jury finds that the employer successfully proves this affirmative defense, liability may be shifted away from the employer. Different variations or types of the Oakland Michigan Jury Instruction 1.2.2 may exist depending on the specific circumstances, additional legal considerations, or updates in the law. However, exact naming conventions or distinctions between them could not be identified without further information regarding any possible modifications or variations. It is important to consult the most recent version of this jury instruction or seek legal advice from professionals well-versed in labor and employment laws to ensure accuracy and current relevance in a particular case.