2521A. Hostile Work Environment Harassment--Conduct Directed at Plaintiff-- Essential Factual Elements--Employer or Entity Defendant (Gov. Code, § 12940(j)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was subjected to harassment based on [his/her] [describe protected status, e.g., race, gender, or age] at [name of defendant], causing a hostile or abusive work environment. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of plaintiff] [was an employee of/a person providing services under a contract with /an unpaid intern with/a volunteer with] [name of defendant]; That [name of plaintiff] was subjected to unwanted harassing conduct because [he/she] was [protected status, e.g., a woman]; That the harassing conduct was severe or pervasive; That a reasonable [e.g., woman] in [name of plaintiff]'s circumstances would have considered the work environment to be hostile or abusive; That [name of plaintiff] considered the work environment to be hostile or abusive; [Select applicable basis of defendant's liability:] [That a supervisor engaged in the conduct;] [That [name of defendant] [or [his/her/its] supervisors or agents] knew or should have known of the conduct and failed to take immediate and appropriate corrective action;] 2. 3. 4. 5. 6. 2521A. Hostile Work Environment Harassment--Conduct Directed at Plaintiff--Essential Factual Elements--Employer or Entity Defendant (Gov. Code, § 12940(j)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 7. 8. That [name of plaintiff] was harmed; and That the conduct was a substantial factor in causing [name of plaintiff]'s harm. _____________________________________________________________________________ Derived from former CACI No. 2521 December 2007; Revised June 2013, December 2015