M Civ JI 105.32 Employment Discrimination - Hostile Environment Sexual Harassment - Burden of Proof - Employee Defendant

On plaintiff’s claim of hostile environment sexual harassment against the defendant employee, plaintiff has the burden of proving:

(a) that [ he / she ] was subjected to communication or conduct on the basis of [sex / sexual orientation / gender identity or expression]; and

(b) that [ he / she ] was subjected to unwelcome sexual conduct or communication; and

(c) that the unwelcome sexual conduct or communication was intended to or in fact did substantially interfere with [ his / her ] employment or created an intimidating, hostile, or offensive work environment; and

(d) that the defendant employee was the agent of the employer; and

(e) that [ he / she ] has suffered damages.

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Comment

Radtke v Everett, 442 Mich 368 (1993); Chambers v Trettco, Inc, 463 Mich 297 (2000); 2023 PA 6; 2023 PA 31.

History

Added June 2006. Amended January 2020, October 2023.