Wayne Michigan 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 to juries in Wayne County, Michigan, regarding cases involving allegations of race and/or sex discrimination in the workplace. This instruction specifically focuses on situations where a hostile work environment is claimed to have been created or permitted by a supervisor, with the employer potentially utilizing an affirmative defense to defend against the allegations. In cases of race and/or sex discrimination, a hostile work environment refers to an environment in which the behavior, actions, or practices of a supervisor or coworkers based on the victim's race or sex create an intimidating, offensive, or abusive working environment. This instruction aims to guide the jury in understanding the legal elements required to establish a claim of hostile work environment and how the employer may assert an affirmative defense. The content covered in Wayne Michigan Jury Instruction — 1.2.2 includes: 1. Definition of a hostile work environment: This instruction explains that for a work environment to be considered hostile, the conduct must be severe or pervasive enough to create an abusive or intimidating atmosphere, interfering with an individual's ability to perform their job. 2. Supervisor's liability: It establishes that an employer can be held responsible for a hostile work environment created or permitted by a supervisor if the supervisor, acting within the scope of their employment, engaged in discriminatory conduct based on the victim's race or sex. 3. Demonstrating discrimination: This instruction explains the burden of proof by the plaintiff, who must establish that their race or sex was a motivating factor in the supervisor's misconduct. The jury may consider direct evidence or circumstantial evidence in determining discriminatory intent. 4. Affirmative defense by the employer: In cases of hostile work environment, the employer can assert an affirmative defense if they can prove the following: (a) they exercised reasonable care to promptly prevent or correct the discriminatory behavior, and (b) the plaintiff unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer. While there may not be different types of Wayne Michigan Jury Instruction — 1.2.2 Race And Or Sex Discrimination Hostile Work Environment Created Or Permitted By Supervisor — With Affirmative Defense By Employer, it is crucial for legal professionals and jury members to fully understand these instructions when deciding on cases of race and/or sex discrimination in the workplace.