Santa Clara California Jury Instruction — 1.2.2 Race and Sex Discrimination Hostile Work Environment Created or Permitted by Supervisor — With Affirmative Defense by Employer In Santa Clara, California, a jury instruction named 1.2.2 deals with race and sex discrimination in the workplace. This instruction specifically addresses a hostile work environment created or permitted by a supervisor, with the possibility of an affirmative defense by the employer. Let's take a closer look at this instruction and its different components: 1. Race and Sex Discrimination: This jury instruction focuses on cases where an employee experiences discrimination based on their race and/or sex. It acknowledges that both race and sex are protected characteristics under anti-discrimination laws, and any discrimination based on these factors is strictly prohibited. 2. Hostile Work Environment: The jury instruction zooms in on a specific type of discrimination, known as a hostile work environment. It recognizes scenarios where an employee is subjected to unwelcome conduct, such as offensive comments, slurs, or derogatory actions, that creates an intimidating, hostile, or abusive work environment. This instruction acknowledges that when this behavior is based on an employee's race or sex, it can be deemed discriminatory. 3. Created or Permitted by Supervisor: This section of the jury instruction deals with instances where the hostile work environment is directly or indirectly caused by a supervisor. It recognizes the authority and responsibility a supervisor holds in maintaining a safe and respectful work environment. If a supervisor engages in discriminatory behavior or allows it to persist, they may be held accountable for creating or permitting the hostile work environment. 4. Affirmative Defense by Employer: The instruction acknowledges that the employer may assert an affirmative defense, meaning they can present evidence to prove that they took appropriate preventative measures to address and rectify the hostile work environment promptly. By doing so, the employer aims to demonstrate that they should not be held liable for the supervisor's actions or the resulting hostile work environment. It is important to note that Santa Clara California Jury Instruction — 1.2.2 addresses the specific topic of race and sex discrimination in a hostile work environment created or permitted by a supervisor, with an affirmative defense available to the employer. While there may be other types of jury instructions related to employment discrimination in Santa Clara, this particular instruction hones in on these particular aspects.