M Civ JI 108.11 Public Accommodation/Public Service Discrimination - Hostile Environment Harassment - Burden of Proof

On plaintiff’s claim of hostile environment sexual harassment against the defendant, plaintiff has the burden of proving the following elements, and I’ll define these terms in a moment:

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

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

(c) that [ he / she ] was subjected to a sexually hostile environment; and

(d) that the defendant was legally responsible for the sexually hostile environment; and

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

Your verdict will be for 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.

History

Added December 2008.